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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
Defendant has no fixed occupation.
1. On September 2014, the Defendant made a false statement that “The Defendant lost shares of the surplus funds he/she had in the Republic of Korea to the victim B (n, 27 years old) who was aware of the trade name in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu. B (n, 27 years old) with the knowledge of middle school from the time of middle school. The Chairperson of the Company should pay in advance wages and entertainment expenses before paying the money and operate the Company. If money falls short of the money, he/she will use the money only for the second three months and receive money from the Chairperson.”
However, the Defendant was planning to use money for debt repayment, living expenses, etc., and there was no certain asset or income, and even if the Defendant borrowed money from the victim in the amount of 3,000 won, there was no intention or ability to repay it.
As above, the Defendant, by deceiving the victim, acquired money from the victim through a bank account in the name of the Defendant on October 7, 2014, KRW 8.7 million, KRW 9.7 million on October 29, 2014, and KRW 18.4 million on October 29, 2014.
2. The Defendant called the above victim by phone at the end of December, 2014, and concluded that “The money previously borrowed is insufficient for the Company’s operation fund. As the Defendant intended to appropriate the money for the insufficient company fund with the domestic loan, the joint and several surety would vary at the time of the loan. It would prevent any damage by timely repayment.”
However, even if the defendant borrowed money as a joint and several surety, he did not have any intention or ability to repay it in a timely manner.
The Defendant, by deceiving the victim as above, had the victim make the victim make 3 million won from the State D, 3 million won from the State E, 3 million won from the State F, 3 million won from the State F, 3 million won from the State G, and 3 million won from the State G, and did not make the victim make the repayment on behalf of the victim.