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Defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
From August 2013, when the Defendant opened and operated a restaurant with the trade name “C” in the racing-si B, from around August 2013, the Defendant was unable to repay the money borrowed from the Defendant’s land holders and bond holders by regarding the 70,000,000 won or more as the repair cost, the restaurant operation fee, etc., while operating the above restaurant, the Defendant was unable to repay the money.
1. On September 8, 2015, the Defendant against the victim D, even though he/she did not have the intent or ability to repay, received 6.8 million won in total from the victim, as indicated in the attached Table of Crimes (1) from the victim, by falsely speaking, “a loan to the victim because he/she was kept in custody due to the fact that he/she was unable to repay the loan,” and received 6.8 million won from the account of community credit cooperatives (E) in the name of the Defendant, and received 6.2 million won in total from the victim from August 23, 2017 to August 23, 2017.
Accordingly, the defendant was given property from the victim by deceiving the victim.
2. On December 10, 2016, the Defendant against the victim F stated that “If the Defendant borrowed KRW 20,000,000,000 to female students, he/she would have to pay money to the Defendant within two months after resolving the apartment that he/she bought in racing.”
However, in fact, there was no apartment in racing by the Defendant, and the Defendant was thought to use the money borrowed from the victim to return the money borrowed from the money borrowed from the financial rights and bond holders or from the Defendant’s will, and the above restaurant in the operation of the Defendant was in the state of reporting the enemy, so there was no intention or ability to repay the money even if the money was borrowed from the victim.
The Defendant makes a false statement to the victim, and is the same as the loan money from the victim on the same day.