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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
1. On November 26, 2008, the Defendant made a false statement to the victim E at the law firm D office located in Kimpo-si, Kimpo-si, Kimpo-si, stating, “If the Defendant lends money to the victim E in the business, he will pay a monthly interest of KRW 40 million and repay it after one year.”
However, in fact, the defendant thought that he would use the borrowed money from the victim as bond repayment and living expenses, etc., and due to economic difficulties, the defendant did not have the intent or ability to pay the borrowed money even if he borrowed money from the victim.
Nevertheless, the Defendant, by deceiving the victim, received 15 million won in cash and check from the victim on the same day as the loan money, and received 25 million won in total from the victim to his corporate bank account on the same day.
2. On November 13, 2009, the Defendant presented a promissory note (H) with a face value of KRW 25,500,000 issued by the Jinwing Industry Co., Ltd. to the victim at the front parking lot of G located in F, Incheon, Incheon, and concluded false statement to the effect that “The Defendant would not have any interest during that period. This would be 17 million won as an unafforested bill, and the remainder of KRW 8,50,000 as a bill discount, and would be combined with the interest during that period.”
However, in fact, since the relevant tax invoice was not issued, and the Defendant did not have any intention or ability to pay a bill at the due date for the payment of the bill, since it did not have any transaction with the above company, and the Defendant did not have any intention or ability to pay the bill.
Nevertheless, the Defendant, as such, by deceiving the victim as such, received a total of KRW 16 million, including KRW 10 million on the same day, and KRW 6 million on November 16, 2009, from the victim’s bank account under the pretext of discount of bills.
3. The Defendant, around June 2010, concluded with the Defendant with the K industry at the J Office located in Kimpo-si I in Kimpo-si.