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1. The defendant shall be punished by imprisonment with prison labor for one and half years;
2.Provided, That the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive;
Reasons
Punishment of the crime
At the time of this case, the Defendant, including the Defendant’s ability to repay, was in bad credit standing to reach 70 million won due to the continued failure of the operation of the unlawful entertainment room and the entertainment business, etc., and was lending money to the victims and other persons including the victims, stating that “I would raise interest,” and “I would be able to make profits if I will engage in business by taking over the company,” but there was no particular income or property, but there was no thought to conduct business by taking over the company, and there was no intention or ability to repay the money from the victims, even if I did not borrow money from the victims by using the borrowed borrowed money.
Criminal facts
1. Around November 21, 2008, the victim C made a false statement to the effect that “the victim would pay the victim interest at a high rate and within a short period of time on the loan of money.”
However, the above facts did not have the intent or ability to repay the above in accordance with the agreement even if the victim borrowed money from the victim.
As such, the Defendant, by deceiving the victim, received KRW 500,000 on the same day as the loan money from him, and acquired the money by means of the same method between around that time and around February 22, 2010, totaling KRW 619,380,000 through 115 times, as shown in the annexed Crime List (1).
2. Around December 2, 2009, the injured party D made a false statement to the effect that “the injured party would pay the interest at a high rate of interest on the loan of money to the injured party and within a short period of time” at the Fcafeteria located in Busan Shipping Daegu E.
However, the above facts did not have the intent or ability to repay the above in accordance with the agreement even if the victim borrowed money from the victim.
The defendant deceivings the victim as such, and is therefore up to 10 million won on the same day under the pretext of borrowing from him.