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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On August 23, 2010, the Defendant made a false statement that “The Defendant would make payment within four months prior to December 28, 2010, when he borrowed 22,500,000 won to the Victim E in the name of the Defendant.”
However, in fact, the Defendant had no intent or ability to repay the construction cost within several months, even if he borrowed the debt to G from the Bank, the Bank of Korea, the Agricultural Cooperatives, the community credit cooperatives, and the Korea Credit Guarantee Fund, for the following reasons: (a) prior to the borrowing of money from the victim, the Defendant did not incur any loss of 4 to 500 million won; and (b) the Defendant did not have any intent or ability to repay the debt to G within a certain period.
The Defendant, by deceiving the victim as above, received KRW 22,50,000 in total from the victim’s account under the name of the Defendant on the same day as the loan money, KRW 20,000 in total, around December 9, 2010, KRW 10,000 in total, around December 13, 2010, and KRW 6,400,000 in total, around December 18, 2010, and KRW 58,900 in total, around December 18, 2010.
Accordingly, the defendant was given property by deceiving the victim.
2. On October 2011, the Defendant rendered a false statement that “The Defendant would lend the victim with the money that he/she lent to perform landscaping works at the seat of Cheongong-gun before delivering the trees for landscaping, and if he/she fails to repay, he/she would have to pay the money to the bank.”
However, as in the above Paragraph 1, the Defendant had no intention or ability to pay the amount borrowed from the transfer, even if he received the above landscape trees, even if he received the above landscape trees, it did not have any intention or ability to pay the amount within a number of months, because it is difficult to consider the damages of 4 to 500 million won in the course of the landscaping construction of the Gyeonggi-do Hospital, and the debt to G was 1.5 billion won in our banks, agricultural cooperatives, and community credit cooperatives.
The Defendant is the victim.