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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
1. On March 22, 2013, the criminal defendant against the victim G shall be repaid within 1-2 weeks to the victim G of Dongcheon-si H Apartment 202 Dong 1001, “If the money is leased to the victim G, exceeding one million won, exceeding one million won,” and not exceeding one million won.
“A false representation was made.”
However, in fact, the Defendant, at the time, bears approximately KRW 30 million principal and interest equivalent to KRW 1 million for each month on the leased companies, and the economic situation has significantly deteriorated, such as failure to implement the individual rehabilitation repayment plan until the individual rehabilitation procedure was abolished in May 2013 after the individual rehabilitation procedure was decided in 2009. Thus, even if the Defendant borrowed the above money from the damaged party, the Defendant did not have any intent or ability to repay the borrowed money by the agreed deadline.
Nevertheless, the Defendant: (a) by deceiving the victim; (b) received KRW 449,686 from the victim to the Defendant’s bank account; and (c) received KRW 124,444 from the Saemaul Treasury account on the same day; and (d) received KRW 16,193,030,030 in total from September 15, 2014 by the same method as above, from September 15, 2014; and (b) made the victim repay the Defendant’s debt KRW 3,00,000 to the Defendant’s credit bank account on May 7, 2015.
2. On June 18, 2013, the Defendant’s fraud against the victim I calls the victim I to the victim I from Emba-si H Apartment 102 Dong 403, Emba-si, Emba-si, Seoul, and “I wish to lend money with the loan, and pay the money in full every month.”
“A false representation was made.”
However, the Defendant did not have any intent or ability to repay the above borrowed money every month, even if he borrowed the money from the injured party, because the economic situation has significantly deteriorated as stated in paragraph 1.
Nevertheless, the defendant deceivings the victim and let the victim do so on the same day.