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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
[2015 Highest 708] The Defendant shall pay the victim C with the payment of the household check at Seosan-si around August 29, 1996, and shall pay the said money within 4-5 days if he/she lends five million won to the victim C.
“The phrase “ was false.”
However, the defendant did not have any intention or ability to complete payment even if he/she borrowed money from the injured party, such as 120 million won due to the default on household checks.
As can be seen, the Defendant, by deceiving the victim, was given five million won from the victim, who was in his seat.
Accordingly, the defendant was given property by deceiving the victim.
"2015 Highest 795"
1. On May 10, 1996, the Defendant against the victim E lent to the victim E “one million won of a promissory note, which shall be entrusted to the victim E as a security, from the G multilateral bank located in F at Seosan-si on May 10, 1996, and shall be repaid ten days later.
“.....”
However, the fact was that the business of H agency operated by the defendant was virtually closed due to the difficulties of the business of H agency, and the debt borrowed from I et al. reaches KRW 10 million, even if the victim borrows KRW 10 million, there was no intention or ability to repay ten days later.
Accordingly, the defendant deceivings the victim and obtained cash of 10 million won from the damaged person in the same place as the borrowed money.
2. Around September 5, 1996, the Defendant against the victim J stated that the Defendant: (a) around September 5, 1996, in the used vehicle trading company of the trade name called “L” operated by the victim J in Seongdong-gu Seoul, Seongdong-gu, Seoul, the Defendant stated that “the Defendant changed the 11,00,000 won from the purchase price for the sale of the gallon-ro
However, at the time of fact, the defendant has already lent money to I as security for Mgallon, and the name of the vehicle was expected to be transferred to I.