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A defendant shall be punished by imprisonment for not less than three months.
Reasons
Punishment of the crime
1. On September 8, 201, the Defendant made a false statement stating that “The Defendant would purchase a car of 130 million won from the Hansung Savings Bank to the victim AM in order to prepare for balance and insurance money, etc., and then, at the same place on September 9, 201, borrowed 5 million won from the Hansung Savings Bank to the victim again at the same place on the same day on September 9, 201, stating that “The interest rate of the Hansung Savings Bank’s loan is at a rate of 5 million won in the Hansung Savings Bank’s loan in the Hansung Savings Bank, and return 5 million won in the Hansung Savings Bank’s loan in the Hansung Savings Bank’s face-to-face.”
However, at the time, the Defendant had a personal debt worth of 18,594,000 won without any particular income, and even if having received additional loans under the name of the victim from the beginning, he did not think that it would have been used to repay the loans to Korea Savings Bank, and was thought to have been used for personal debt repayment, living expenses, etc.
As such, the Defendant, by deceiving the victim, had the victim take over five million won from the Hyundai Swiss Savings Bank, and was transferred to the Defendant-friendly AB account in the name of the Defendant-friendly AB.
Accordingly, the defendant was given property by deceiving the victim.
2. On September 15, 2011, at the same place as indicated in paragraph (1), the Defendant made a false statement to the victim AM, stating, “The Defendant will receive additional loans that require five million won as operating expenses of a credit business company, and will complete full payment of all of the credit business.”
However, at the time, the Defendant did not have any intention or ability to repay the debt even if he borrowed money from the victim because there is a circumstance in which the Defendant had a personal debt worth KRW 18,594,000 without any particular income.
As such, the Defendant, by deceiving the victim, had the victim borrow five million won from the LF Savings Bank in the face of stone, and was transferred to the Defendant-friendly AB account in the name of the Defendant-friendly AB.
In this respect, the defendant deceivings the victim to take property.