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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
[Criminal record] On July 21, 201, the Defendant was sentenced to a suspended sentence of two years on the one-year imprisonment for fraud in order to establish a district court senior branch court of Jung-gu on July 21, 201, and the judgment became final and conclusive on May 11, 2012.
[2] On August 1, 2009, the Defendant stated that “The Defendant would pay more than three copies of interest every ten days from a week to the Defendant,” to the Defendant, “In the vicinity of the Seocho-gu Seoul Western University, Seodaemun-gu, Seoul High School University, the Defendant would pay more than three copies of interest to the Defendant who made an investment in the loan business to the Defendant.”
However, the Defendant, from January 2009, operated the loan business with the trade name “D” and did not collect the claim, and the accumulated amount of losses until that time increased to KRW 100 million. The amount to be paid from the damaged party was not loan funds for continuing the loan business, but the amount to be paid from the damage party was used for the purpose of repaying the principal or interest of the monetary debt borrowed or invested by many people in the same way and used for the purpose of repaying part of the principal or interest of the monetary debt borrowed or invested. Nevertheless, the victim did not have any intention or ability to pay the principal and interest as agreed even if he received the money from the damaged party, without any explanation on the risk of principal loss.
Ultimately, the Defendant, as above, by deceiving the victim as above, received the remittance of KRW 20 million from the damaged person under the same day as the investment money, and received a total of KRW 230 million from the damaged person, including around that time to November 30, 2009, by the same method as indicated in the list of crimes in the attached Form.
Summary of Evidence
1. C Witness’s testimony;
1. A part of the prosecution against the defendant.