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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
1. Fraud;
A. From April 6, 2009, the Defendant committed the crime against the victim C, at the office E, a corporation operated by the victim C in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, that “The victim operates Gjuk points on the fifth floor of the building where the Bupyeong Fal clubs are located. It is necessary to lend the operating fund to the victim.”
However, the Defendant did not operate the said G key points, even if he borrowed money from the victim, he thought that he would use it as living expenses, etc., and even if he did not borrow money from the victim due to the absence of other assets, there was no intention or ability to repay it.
As above, the Defendant, as from August 12, 2009, received KRW 6 million from the victim to the Korean Standards Bank account in the name of the Defendant on the same day from the victim, and received KRW 56,30,000,000 from August 12, 2009.
B. Around April 22, 2009, the Defendant committed the crime against the victim H, who was operated by the victim H in Nam-gu Incheon Metropolitan City, Nam-gu, stating that “The victim was only a bank with the loan that K borrowed to B, but once he/she was repaid the bank loan, he/she would receive a re-loan from the bank and repay it to the Party.”
However, in fact, the defendant thought that he was able to repay the debt to K with the borrowed money from the victim, but he did not have the intent or ability to receive the loan to repay the borrowed money to the victim.
As above, the Defendant, by deceiving the victim as above, transferred KRW 24 million to the bank account in the name of K on the same day from the victim, to the bank account in the name of K, respectively, and received KRW 6 million in cash, and received KRW 6 million in the name of the Defendant, and around the 23th day of the same month, KRW 40 million in the sum by receiving KRW 4 million in the Korean Standards Doldrid Bank account in the name of the Defendant.