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A defendant shall be punished by imprisonment for two years.
Reasons
Criminal facts
The Defendant, on June 1, 2012, at the residence of the victim C in Yeonsu-gu Incheon, Yeonsu-gu, Incheon on June 1, 2012, the Defendant: (a) was faced with a crisis of closure due to the existence of any particular property at the time; (b) the interior business operated by her husband was difficult to operate; and (c) even if personal debts were to have been lent money from other persons on the pretext of business funds, etc. due to a considerable amount of personal debt, the Defendant was unable to preferentially use the principal and interest on the agreed repayment date; (d) even if the Defendant was unable to repay the principal and interest on the agreed repayment date, the Defendant borrowed the amount of KRW 14 million temporarily short of funds when intending to perform his/her continuous clothes funeral business from the victim without a framework of KRW 250,000 per month; and (e) said, he/she acquired the principal from the victim over six months after lending the amount of KRW 14 million from the victim to 1,016 to 25,06.7.25
On November 12, 2012, the Defendant stated that “The victim F will be reimbursed within one year if he/she borrowed KRW 30 million.”
However, in fact, the Defendant thought that he would use the money borrowed from the victim to repay her husband’s business funds or personal debt, and did not have any other income or property at the time, and was in bad credit standing with approximately KRW 30 million personal debt, so there was no intention or ability to repay the money to the victim.
Nevertheless, the Defendant, by deceiving the victim as above, received KRW 288 million from the victim’s wife G account on the same day as that of the Defendant’s wife G on the same day, and by deceiving the victim seven times from that time until November 30, 2016, as shown in attached Table 2, and by deceiving the victim seven times, and acquired KRW 74.5 million in total from the victim.
Summary of Evidence
1. "2018 Highest 1811".