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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
The defendant, as the friendship of the victim C C, by using the fact that the victim was aware of and has maintained friendly ties from the time when he was frightened with the victim, deceiving the victim three times in total as follows, thereby deceiving the victim of money from the victim.
1. On November 30, 2007, the Defendant made a false statement to the victim C that “it would be repaid within the time that the victim would lend money for the business funds of the E company run in Korea to the victim C.”
However, the Defendant was expected to receive money from the victim and repay debts, etc., and at the time, the Defendant was obligated to repay the principal and interest of the loan without certain income, so there was no intention or ability to repay the money even if it was borrowed from the victim.
Nevertheless, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim in his/her place of residence from the victim, and received KRW 10 million from the victim on December 20, 2007.
2. On March 26, 2008, the Defendant made a false statement that “If the Defendant borrowed a business fund to the Plaintiff, he/she would obtain a loan from the Plaintiff as security from the Suwon-si, Suwon-si, Suwon-si, Gyeonggi-do, to repay the loan immediately.”
However, at the time, the Defendant’s creditor H applied for a voluntary auction on February 21, 2008 and the decision to commence the voluntary auction was rendered. At the time, the Defendant had to pay the principal and interest of the loan without any certain revenue, and thus, there was no intention or ability to repay the loan even if it was borrowed from the victim.
Nevertheless, the Defendant, by deceiving the victim as above, received KRW 220 million from the victim to the I bank account in the name of the Defendant.
3. On May 15, 2008, the Defendant, who called the victim from the French land, is entitled to receive full payment of the money that he/she lends to the victim with the “15 million won or more” settled normally.