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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
[2019 Highest 4626]
1. The victim B introduced the victim B, who is the birth of C through each type C, and made a false statement to the victim on September 14, 2018, stating that “A person who intends to take over the singingle in Ma, which is less than KRW 100,000,000,000,000,000,000 won, shall be repaid within one month, and two months, respectively.”
However, the Defendant had already had a large amount of obligation to repay to other creditors. If the Defendant borrowed money from the victim, it was thought that the Defendant would be so-called “defensive” used for the repayment of obligations to other creditors, and thus, there was no intention or ability to repay the money even if he borrowed money from the victim.
As such, the Defendant, by deceiving the victim, received KRW 60 million from the victim to the F account in the name of E on September 19, 2018, and received or remitted total of KRW 316 million from the date and time to April 16, 2019, as shown in the attached Table “crime List (1)”, from the above date and time to April 16, 2019.
2. On April 9, 2019, the Defendant made a false statement to the victim G at the victim G operated by the victim G in Gwangju Mine-gu, Gwangju, stating that “The passbook is attached, and thus only 30 million won is leased.”
However, the Defendant, at the time, did not have an account under the name of the de facto spouse E, which was used by the Defendant in the ordinary meeting, and if the Defendant borrowed money from the victim with a large amount of debt to be repaid to other creditors, he did not have any intent or ability to repay the money even if he borrowed money from the victim.
The Defendant, as such, by deceiving the victim, received 30 million won from the victim to the K Association account under the name of J, the actual birth of the Defendant’s spouse E, on the same day.
3. The injured party L L is the Defendant at and below Gwangju, around May 5, 2018.