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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
The Defendant, from October 2014 to May 2015, and again, from September 2015 to February 2016, the Defendant was living together with the victim B, and from around September 2015 to around February 2016.
1. On October 20, 2014, the Defendant acquired money under the name of the business fund, the victim, at the victim’s residence located in Suwon-gu, Suwon-si, Suwon-si, the Defendant made a false statement to the effect that “the amount invested in the restaurant as at the present time is KRW 70 million and the land is KRW 300,000. The amount of the business fund is necessary to be KRW 100,000,000,000,000 won.” If the business fund is lent KRW 30,000,000,000,000 won, it is used as the business fund and shall be repaid every two million,0
However, in fact, the Defendant did not have a plan to properly operate the sports clothes supply business, and did not own 300 square meters of land by itself, but did not own 300 square meters of land, and even if the Defendant borrowed the above 30 million won from the victim, such as there was no particular property, there was no intention or ability to use it as business funds or to repay it.
Nevertheless, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the G bank account (H) in the name of F at around 12:00 on the same day from the victim, and obtained KRW 15 million in cash and acquired KRW 25 million in total as a loan for business funds.
2. On November 26, 2014, the defrauded of money deposited under the pretext of business funds, etc. concluded that “The Defendant shall use the money borrowed from a debit card as business funds if he/she deposits the money, and shall repay all the money.”
However, there is no particular property or income, even if the defendant borrowed money from the victim, he only lent it to I or thought to be used individually, and there was no intention or ability to repay to the victim.
Nevertheless, the Defendant.