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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
1. Fraud;
A. Fraud 1 against the victim B) The Defendant did not actually borrow money in excess of KRW 80 million and did not have any intent or ability to repay the money. On June 29, 2015, the Defendant obtained the loan amount of KRW 15 million around July 1, 2015 from the victim B, “Around June 29, 2015, the Defendant would only use money with which 80 million other landscaped construction works would be paid and interest would be paid.” The Defendant obtained the loan amount of KRW 15 million from around July 1, 2015.
2) On February 11, 2016, the Defendant: (a) did not actually own a balanced farm and did not have any intent or ability to complete payment even if he/she borrowed money; (b) instead, on February 2016, the Defendant acquired money from the victim by deceptioning KRW 7,100,000 from the loan amount around February 11, 2016.
B. The Defendant, against the victim C, did not have had the intent to purchase the traditional fishing market price and had the intent to receive the price and use it for living expenses. However, around February 24, 2016, the Defendant: (a) posted a letter on the Internet “sea fishing site” website to the effect that “I wish to send the fishing market price to the victim C who reported it after selling the traditional fishing market price; and (b) received KRW 1100,000 from the victimized person to receive the remittance of KRW 1.1 million.”
(c)
The Defendant, without the intent or ability to purchase the Victim D with the fishing market price on behalf of the Defendant, made a false statement to the effect that, around November 30, 2015, the Defendant acquired 3.9 million won from the damaged person, by receiving 3.9 million won from the damaged person on the same day.
2) Although the Defendant did not file a lawsuit claiming the division of property and did not have any intent or ability to repay the borrowed money, the Defendant, on July 7, 2016, did not have the right to file a lawsuit claiming the division of property with the victim in his/her dwelling place as a matter of divorce.