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A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Around March 18, 2009, the Defendant made a false statement to the victim E, stating that “A loaning KRW 20 million to the victim E would have 2% interest per month, and would be repaid in advance within three months.”
However, the defendant has no intention or ability to pay 50 million won, even if he borrowed money from the victim.
Nevertheless, the Defendant, as above, received KRW 20 million from September 10, 2012 to the Agricultural Cooperative (H) account under the name of the Defendant for the purpose of borrowing money from the victim, and received KRW 70,120,000 in total from September 10, 2012, as shown in the list of crimes, eight times as shown in the list of crimes.
2. On November 8, 2010, the Defendant made a false statement to the victim G, stating, “When a person living together offers to engage in real estate business, he/she would give him/her a premium, thereby making an investment of KRW 5 million.”
However, even if the defendant received the investment money from the victim, he was thought to use it to repay his obligation, and there was no intention or ability to make profits by investing the investment money in real estate.
Nevertheless, the Defendant, as seen above, received 5 million won from the victim to the above account under the name of the Defendant for investment in the said place immediately from the victim, and received from October 17, 201 a total of KRW 12,00,000,000 from that time, as shown in the crime list, from October 17, 201.
3. On June 5, 2012, the Defendant made a false statement to the victim D, stating that “When lending KRW 5 million to the victim, the Defendant would pay KRW 400,000 to the victim as the interest, and would pay the said amount.”
However, the defendant did not have any intention or ability to repay the above even if he borrowed the money from the victim as provided in the above Paragraph 1.
Nevertheless, the Defendant, as mentioned above, received 4.6 million won from the victim to the above account in the name of the Defendant as the borrowed money immediately from the victim.