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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 this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2012 Highest 534]
1. On December 21, 2010, the Defendant stated that “A victim’s house located in Boan-si E shall use KRW 10 million with interest of KRW 10,000,000,000,000,000 with interest of KRW 10,000,000 with interest of KRW 10,000,000 with interest of KRW 10,000,000 in front of the victim’s house.”
However, at the time, the defendant did not have any particular income, while even if he borrowed money from the victim with a debt of KRW 200 million, he did not have the intention or ability to repay it.
On the same day, the defendant received 10 million won from the victim to the account of the defendant for the purpose of borrowing money.
2. On February 21, 2011, at the same place as Paragraph (1) and paragraph (1), the Defendant falsely stated that “The Defendant shall have no money to pay money to another person. It shall be repaid without a face-to-face loan of KRW 10 million.”
However, on the ground of Paragraph 1, the defendant did not have any intention or ability to pay the money even if he borrowed money from the victim.
On the same day, the defendant received 10 million won from the victim to the account of the defendant for the purpose of borrowing money.
3. On March 21, 2011, at the same place as Paragraph 1, the Defendant made a false statement to the victim C, stating that “The amount of credit card payment is insufficient to pay. It is not sufficient to pay KRW 5 million without any mold.”
However, on the ground of Paragraph 1, the defendant did not have any intention or ability to pay the money even if he borrowed money from the victim.
On the same day, the defendant received 5 million won from the victim to the account of the defendant under the pretext of borrowing money.
4. Around May 5, 2011, at the same place as Paragraph 1, the Defendant stated that “The Defendant shall not pay the victim C with the money borrowed from another person. It shall be paid with the money borrowed from a third person. It shall be paid with the loan of KRW 5 million for one month.”
However, on the grounds of Paragraph 1, the defendant borrowed money from the victim for the same reason.