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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
"2016 Highest 5061"
1. On January 28, 201, the Defendant falsely stated that “A hospital located in Incheon City, Incheon, would have to make investments, and would have to pay interest when making investments,” and that “A hospital located in Incheon, would have to pay money if investments are made.”
However, in fact, the Defendant was liable to F for personal debt such as KRW 27 million, and even if the Defendant borrowed money from the damaged party due to a debt amounting to KRW 50 million, including KRW 1.5 million and KRW 4.5 million of card loans and loans, including KRW 50,440,000,000,000,000,000,000,000,000 won, the Defendant did not have any intent or ability to invest in the borrowed money.
The Defendant, by deceiving the victim as such, was transferred KRW 20 million to the bank account (Account Number: G) in the name of the Defendant on the same day from the victim.
2. On October 31, 2011, the Defendant made a false statement to the victim E’s house located in Gyeyang-gu Incheon, Gyeyang-gu, Incheon, stating that “The Defendant would pay money to the victim with a prompt payment contract, and pay interest from the loan of money.”
However, the Defendant had personal debt to F, such as KRW 40 million and KRW 20 million, and the Defendant had personal debt to F. The Defendant had a debt of KRW 1.5 million, including KRW 1.5 million, and KRW 69.47 million, including card loans and loans of KRW 4.5 million, and the Defendant did not have any intent or ability to repay the debt even if he/she borrowed money from the victim because he/she did not actually have entered into a contract with F. Co., Ltd.
The Defendant, as such, by deceiving the victim, received KRW 29 million from the victim’s account (Account Number:J) in the name of the Defendant on the same day, from the victim, and received KRW 8.68 million in total from the said account on November 8, 201, and received KRW 37.68 million in total from the said account.
"2016 Highest 5064"
1. On June 301, 201, the Defendant: (a) by telephone to the victim I, gave 2% of monthly interest on the loan of KRW 20 million to the victim I; and (b) the principal shall be repaid until December 31, 2013.
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