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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
1. Fraud;
A. On May 21, 2011, the defrauded, around May 21, 2011, the Defendant made a false statement as if he/she could have repaid the Defendant’s promise with the victim’s “on the D shop operated by the victim C in Bupyeong-gu, Seocheon-gu, Seocheon-gu, Seoul, that is, the amount needed to purchase textile materials. If the Defendant lent KRW 12 million to the victim, he/she would have to repay it by not later than May 20, 2012.”
However, the Defendant’s interest and redemption amount to be paid each month for about KRW 85 million in total of the financial rights and obligations to individuals at the time reaches KRW 3,00,000,000,000,000 for company rent, electricity rent, management fee, and about KRW 2,30,000 for employees’ benefits. From October 2010, the Defendant continued to reduce orders from E, a main supplier, and continued to receive and return additional loans from financial rights and individuals, and there was no other way to increase profits. Accordingly, even if the Defendant borrowed money from the victim, there was no intention or ability to make repayment to the due date.
Nevertheless, the Defendant, as seen above, by deceiving the victim, received KRW 12 million from the victim as the loan money around May 21, 201.
B. On June 17, 2011, the Defendant made a false statement as if he/she could have repaid to the said victim as he/she promised, saying, at the above place on June 17, 2011, that “Any money is required to purchase textile materials. If the Defendant borrowed KRW 10 million, he/she would have repaid the fiber materials up to May 20, 201.”
However, the Defendant’s interest and redemption amount to be paid each month for about KRW 85,00,000,000,000 for the total amount of financial rights and obligations to individuals at the time, and KRW 2.3 million for company rents, electricity taxes, and management expenses, and KRW 3.5 million for employees’ benefits. From October 2010, the orders from E, the main supplier, etc. have been significantly decreased.