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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
1. "2019 Highest 707";
A. On April 14, 2016, the Defendant made a false statement that “A victim C, a workplace partner, would be paid with interest on KRW 20,000,000,000,000,000,000,000,000,000,000,000,000 won.”
However, at the time, the Defendant had approximately KRW 30 million loans owed by financial institutions, such as the apartment mortgage loan debt amounting to KRW 1.2 million, and the Defendant has to pay at least KRW 2 million every month due to interest on the above debt and personal rehabilitation repayment, etc. As such, the Defendant’s remaining after deducting the above fixed expense from the Defendant’s wage was insufficient to cover the living expenses, and there was no other property to repay the existing debt. Therefore, even if the Defendant borrowed money to the victim, there was no intention or ability to repay it.
Around April 14, 2016, the Defendant, by deceiving the victim, received KRW 20 million in total from November 17, 2014 to July 25, 2017 by the same method as indicated in the annexed list of crimes, from around 11, 2014 to the post office account in the name of the Defendant, and received KRW 100 million in total from around 11 times as indicated in the annexed list of crimes.
2. On November 28, 2018, the Defendant, as seen above, was unable to repay KRW 100 million borrowed from the victim, and was issued a decision to seize and collect the claim against four accounts (D banks, E banks, F banks, and post offices) under the name of the Defendant in the Suwon District Court, on November 28, 2018. Accordingly, on December 2, 2018, the Defendant was willing to evade compulsory execution from the victim by changing the benefit account as the monthly salary was collected by the victim.
Around January 3, 2019, the Defendant filed an application with the former post office to change the monthly wage account from the former post office account to the H bank account which was reissued on December 12, 2018, and filed an application with the said H Bank account to the said H Bank account, and used the said amount after withdrawing the payment.