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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
The Defendant is a person who actually operates “D” in Jinju City C.
1. On May 10, 2013, the Defendant made a false statement to the victim E, “If he/she lends money in excess of KRW 20,000,000,000 to the victim E, he/she shall calculate the monthly interest as KRW 2.5,000 per month as KRW 10,000 per month, while he/she shall pay interest to the victim by July 10, 2013.”
However, in fact, the defendant did not have any intent or ability to repay money within the due date even if he borrowed money from the victim because he did not have any property with bad credit standing.
Nevertheless, the defendant made a false statement as above, and he received 20 million won from the victim and acquired it by transfer.
2. On July 12, 2013, the Defendant stated, at the above “D office,” that “A victim E is entitled to pay a larger amount of money if the land was land in the vicinity of the Park Cemetery in Jin-dong, Jin-si, Seoul, and the land was developed as a factory site. If a business fund is insufficient, the monthly interest rate shall be calculated as one copy, and if a loan of KRW 100,000,000 is borrowed from a bank, the amount of interest of KRW 1,330,000,000,000,000,000,000 won, including the interest of KRW 4,331, Jan. 31, 2014.”
However, in fact, the defendant thought to use money as the price for the construction of a new factory from the victim, and the development of the factory site in the inside area was merely the defendant's vague plan and did not commence yet. Therefore, even if he borrowed money from the victim, he did not have the intention or ability to pay it within the due date.
Nevertheless, the defendant made such a false statement, and he received 100 million won from the victim on the same day.
3. On August 28, 2013, the Defendant: (a) at the H restaurant located in J in J in J in J in J in J in J in Jin-si, the Defendant sought to invest a large amount of money in the U.S. company in the creation of factory site in Jin-si in Jin-si; and (b)