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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
From July 2010 to November 201, the Defendant operated C, a trading company, from the second floor of the Guro-gu Seoul Metropolitan Government B building 202.
1. Around January 10, 2011, the Defendant made a false statement to the victim D at the above C office, stating that “I would lend money to the victim D.”
However, the fact that the defendant operated the corporation C has no business performance, and the operation of the corporation of which amounting to KRW 300,000 per month was continued, and the defendant did not have any intention or ability to repay the loan because he did not have any other property.
The Defendant received 3.5 million won from the victim’s account in the name of the Defendant from the victim to March 24, 201, by deceiving the victim as shown in the attached Table 1, and received a total of 2,780,000 won from the victim on six occasions from March 24, 2011.
2. Around January 28, 2011, the Defendant made a false statement to the effect that “LG electronic PC is intended to purchase three parts of LG electronic PC to the victim D, and the settlement with a one-way credit card is at a discount, as the one-way credit card is at a discount. The payment is to be repaid in the following month.”
However, the fact that the defendant operated the corporation C has no business performance, and the operation of the corporation of which amounting to KRW 300,000 per month was continued, and the defendant did not have any intention or ability to repay the loan because he did not have any other property.
The Defendant, by deceiving the victim as such, had the victim settle the above PC price of KRW 2.4 million on behalf of the victim, thereby acquiring financial gains equivalent to the above amount.
3. On April 201, 201, the Defendant made a false statement to the victim F in the office of the said C Co., Ltd. that “The Defendant lent money to the Defendant for a short time with the belief of having to use the money for a short time.”
However, the facts are that C corporation, which the defendant operated, has no business performance and has continued to operate as a deficit amounting to KRW 3 million per month, and the defendant also has no other property, and the defendant is also willing to repay the loan.