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A defendant shall be punished by imprisonment for a term of one year and ten months.
Reasons
Punishment of the crime
The defendant of "2016 Highest 2144" lent money to the victim C on December 2, 2013 to the defendant of "2016 Highest 2144" means 10% of the interest on a month during which he/she uses the money as funds for the loan business in which he/she owns, and the principal shall be paid within one month if requested by the victim.
A false statement was made.
However, in fact, the suspect did not have the intention or ability to pay principal and interest to the victim because the suspect was in bad credit condition at the time and was engaged in lending business for the people with good credit, and the principal and interest could not be recovered stably.
Nevertheless, on December 13, 2013, the Defendant had received KRW 4,300,000 from that time to June 20, 2014, by deceiving the victim as above and remitting KRW 41,895,000 to the account in the name of the Defendant’s child used by the Defendant, etc.
On July 2015, the Defendant stated that “The Defendant would lend money to another person on his own, and pay interest at 10% of the money to 10%” with the consent of the victims who received a proposal, “The Defendant would be able to obtain a loan from another person on his own, and pay interest at 10% of the money.”
However, since from around 2014, the Defendant was in a state of not making a loan to another person due to the wind that the principle of the loan could not be returned, the Defendant did not plan to use the money received from the victims for the loan, and the Defendant did not have the intent to pay the principal and interest because there was no property and income, other than 1.5 million won per month of the payment.
As above, the defendant deceivings the victims, and is in its jurisdiction from the victim G on July 2015.