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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
1. Fraud;
A. On August 2009, the Defendant falsely stated that “A dump truck will be purchased and sold to the victim C, and a dump truck will be purchased in the name of C.C.” The Defendant borrowed money with a loan from the victim at the end of C. The Defendant would have repaid the vehicle.”
However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.
On August 28, 2009, the Defendant got the victim to borrow KRW 100 million as security by the above community credit cooperatives, and acquired money by remitting KRW 100 million to the account of community credit cooperatives (number: D) in the name of the victim managed by the Defendant.
B. On July 26, 2010, the Defendant made a false statement to the above community credit cooperatives, stating that “dump truck business requires money to the victim. It shall be repaid if it receives a loan.”
However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.
As above, the Defendant took out a loan of KRW 90 million from the above community credit cooperative as security of the forest land owned by the victim in the above community credit cooperative on the same day, and received the above money from the victim to the above account in the name of the victim managed by the Defendant, thereby defrauding the victim.
C. Around June 30, 2011, the Defendant stated that “Dump truck business requires money to the victim” with the above community credit cooperatives, and that “I will complete payment if I will receive a loan.”
However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.
As above, the Defendant borrowed KRW 20 million from the above community credit cooperatives as security the victim’s forest land, etc. on the same day and received the above money from the victim to the above account in the name of the victim managed by the Defendant.