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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
1. Around August 1, 2008, the Defendant against the victim C made a false statement to the victim C, who was aware of the Defendant’s “E” package run by the Defendant in Daegu-gu, Seo-gu, Seoul-gu, that he would pay back if he borrowed KRW 10 million.
However, at the time of the fact, the Defendant had no intention or ability to repay the debt even if he received money from the victim because he did not have any means to repay the debt with the income of the package in excess of KRW 10,000,00.
Nevertheless, the Defendant, by deceiving the victim as such, received KRW 10 million from the victim to the national bank account (F) under the name of the Defendant immediately, and received KRW 10 million from that time to November 19, 2012 by means of the same method as shown in the attached Table 1, and acquired it by deceiving the victim more than 19 million in total over 10 million, as shown in the attached Table 1.
2. On January 21, 2011, the Defendant against the victim G made a false statement that “I” operated by the victim G in Daegu-gu, Seo-gu, Seoul-gu, would pay interest from 1% to 1.5% of the monthly interest, if the Defendant borrowed the money necessary for the business of selling the used machinery of the factory with the proceeds of the business, to the victim. The Defendant would be paid with the principal at any time.”
However, in fact, the Defendant did not engage in the business of selling and selling machinery in the middle of the factory, and at the time, the Defendant was able to pay the interest of the obligation through a tentatively named “defluence” because it was impossible to pay the obligation with the personal debt of KRW 00,000,000,000. In addition, the Defendant was able to receive the said personal debt from the victim.