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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
"2018 Highest 547"
1. On April 17, 2014, the Defendant concluded that, “Around April 17, 2014, the victim B owned 1 hectares land in Cambodia (Siem Red Capital)” to the effect that, “When the Defendant borrowed USD 20,00,000, he purchased 1 hectares in addition to the land and reclaimed the land, and then paid interest at 24% per annum on the remaining profits from the operation of farming houses and fish farms, and repaid the principal within three years.”
However, even if the defendant borrowed money from the victim, there was no idea to purchase the land, so there was no intention or ability to pay interest or return the principal to the victim.
On April 21, 2014, the Defendant received 20,754,000 won from the victim to the Agricultural Cooperative Account in the name of C (D) of the money exchange merchant for purchase of land, and acquired 3,070,000 won in total by transferring 23,824,000 won to the said Agricultural Cooperative Account on May 13, 2014.
2. 나이트클럽 운영자금 관련 사기 피고인은 2014. 6. 14.경 캄보디아 깹(Kep)에서 피해자에게 “돈을 빌려주면 나이트클럽을 운영하여 이전에 빌렸던 차용금을 포함하여 연 27.6%의 이자를 지급하고, 원금은 5년 안에 갚겠다”라고 거짓말 하였다.
However, even if the defendant received money from the victim, he did not think of operating the age club, so there was no intention or ability to pay interest or return the principal to the victim.
On June 19, 2014, the Defendant received USD 20,000 from the victim on June 19, 2014 as the price for the acquisition of the age club from the Defendant’s residence in Cambodia (SieM). On June 27, 2014, the Defendant received KRW 78,000,000 from the Defendant’s child F before the E University located in Daejeon-gu, Daejeon, through the Defendant’s child F.
The Defendant of Cambodia around 01:00 on January 7, 2015, and G is instructed by the Victim B.