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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
1. Fraud against the victim C;
A. On March 20, 2011, the Defendant made a false statement that “Around March 20, 2011, the Defendant would immediately repay the amount by receiving the number limit money from the victim C, if he/she lends the amount of KRW 5 million as he/she needs to pay the money to the victim C at the cafeteria located in Yeonsu-gu Incheon Metropolitan City D.”
However, the defendant has to pay the interest equivalent to KRW 100,000 per month from the other party, and because the borrower is unable to pay the interest for the number of days borrowed from the lending company, there was no intention or ability to pay the interest even if he borrows the money from the victim.
Accordingly, the defendant deceivings the victim, and he obtained 5 million won in cash immediately from the victim, and acquired it by fraud.
B. From December 20, 2012, around December 20, 2012, the Defendant: (a) lent KRW 10,000,000 to the victim C at “F” restaurant operated by the Defendant located in Yeonsu-gu Incheon Metropolitan City (hereinafter “F”) around December 20, 2012; (b) the Defendant would pay KRW 2,50,000 to the victim’s interest; and (c) the Defendant would pay KRW 15,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,00).
However, in fact, the Defendant paid 300,000,000 won monthly interest on the amount of KRW 100,000,000 from the neighbors, and the Defendant was unable to pay interest on the number of days borrowed from the lender, and most of the members were the persons who lent the money when borrowing KRW 100,000,00, and thus, they should pay interest corresponding to KRW 3-4 every month. Thus, the Defendant received only the amount calculated by deducting the interest from the fraternity paid by the fraternity members, and the remainder was appropriated by the Defendant as a substitute for the amount of interest to be paid to them.