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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
"2015 Gohap30"
1. Around March 2010, the Defendant stated to the effect that “Around March 2010, the victim E operates a child-care center, and if the Defendant borrowed the loan to the Plaintiff, the remaining money used as the operating fund of the child-care center will be lent to the president of another child-care center, and the principal and interest shall be responsible for it.”
From March 24, 2010 to April 4, 2013, the Defendant believed that he received KRW 10 million from the said victim’s above victim’s reliance on the transfer of KRW 10 million to the agricultural bank account in the name of the Defendant, as shown in attached Table 1 No. 266 times from around that time to around April 4, 2013, the Defendant provided that all of the above talks with the said victim or gains much profits from accepting and selling the child care center. If the Defendant borrowed the bent money, he/she takes over and sells the bareboat money to the said money, and he/she has received KRW 4,768,788,00 from the said victim.
However, in fact, the Defendant had been operating a childcare center at the time, but did not make profits, while there was no particular property, it was difficult to take economic circumstances, such as the liability amounting to KRW 200,000,00, and the said amount borrowed from the said victim was intended to be used for the purpose of repaying another person’s obligation or preventing the said victim from returning his/her obligation to the said victim. Therefore, even if the Defendant borrowed the above money from the said victim, there was no intent or ability to normally repay the loan obligation.
Accordingly, the above defendant was ordered to receive property from the above victim by deceiving the victim.
2. The Defendant used the above money from E to pay the borrowed money in a normal manner, thereby obtaining a demand to pay the borrowed money. The Defendant used the borrowed money in another person’s name.