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Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
[2017 High Court Decision 400]
1. On November 6, 2015, the Defendant’s fraud, at the home of the Defendant’s office located in the Northern-gu building B, Seocheon-gu, Seocheon-gu, Seoul on November 6, 2015, would have repaid to the Defendant C up to January 6, 2016, if the Defendant extended KRW 1.5 million to the Victim C with the need to repair the vehicle that caused the traffic accident.
“A false representation was made.”
However, at the time of fact, the Defendant did not have an intention or ability to repay the loan normally within the period of promise, even if he borrowed money from the injured party, because he did not have any fixed income or special property, but did not have any obligation equivalent to KRW 28 million with a loan of the lending company, etc.
Nevertheless, the defendant deceivings the victim as above and obtained cash 1.5 million won from the victim, i.e., the victim, and acquired it by fraud.
2. On November 10, 2015, the Defendant, at the entrance and exit of the mountain fathers and the entrance in the north-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu on November 10, 2015, lent KRW 2 million to the victim C, if he/she lends money to the victim C as he/she is necessary to undergo abortion surgery by pregnancy.
“A false representation was made.”
However, at the time of fact, the Defendant was in excess of the obligation as stated in the above paragraph 1, and the money borrowed from the injured party was thought to be used for personal purposes, not for abortion surgery, so even if he borrowed money from the injured party, there was no intention or ability to pay it normally within the agreed time limit.
Nevertheless, the defendant deceivings the victim as above and obtained a cash of 2 million won from the victim and acquired it by fraud.
[2017 High 404] The Defendant, on April 13, 2015, was liable for the Defendant’s debt amounting to KRW 30 million, such as loans, etc. granted by another lending company around that time, and there was only 100,000 won in a month in which the term “singing-to-sing-sing-sing-sing-sing-sing-sing-sing-sing-sing-sing-sing-sing-s