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A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
"2018 Highest 3374"
1. On December 10, 2015, the Defendant, against the victim B, had reached the amount equivalent to KRW 150 million at the time of the operation of the Victim B, and on the “E” point in the Defendant’s management, the Defendant continued to perform its obligations and failed to repay the existing obligations. Therefore, even if the Defendant borrowed the operating funds of the above excess point from the victim, there was no intention or ability to complete payment.
Nevertheless, the Defendant: (a) made a false statement to the victim, stating that “the Defendant is operating brec and needs to repair inside brecing and bring money into the machinery; (b) he/she would pay the 200,000 won per month between six years of lending money; and (c) received from the damaged person to his/her account in the name of the Defendant on December 17, 2015, KRW 30,000,000 from the same day to the account in the name of the Defendant; and (d) KRW 20,000,000 around 30,000 on January 13, 2016; and (e) KRW 130,000,000 won in total from January 13, 2016.
Accordingly, the defendant was given property by deceiving the victim.
2. On August 1, 2016, the Defendant against the victim F was at the point of “E” in the jurisdiction of the Defendant’s operation of the Busan Young-gu G, Busan, and the fact was that at the time the Defendant’s obligation was at least KRW 250 million, and the Defendant was unable to repay the existing obligation due to the continued enemy of the above “E” task, so even if the Defendant borrowed the operating capital of the above task from another person, the Defendant did not have any intent or ability to complete the payment.
Nevertheless, the Defendant issued a false statement to the victim F, who became aware of in Busan F through H, stating that “The amount of KRW 400,000 per day is generated from sales and the amount of KRW 80,000 per day is generated from profits, and the amount of KRW 50,000 shall be repaid within two months from the loan of money, and the amount of KRW 50,000,000 may be repaid from the Credit Guarantee Fund.” The Defendant received KRW 20,000 from the victim.
Accordingly, the defendant was given property by deceiving the victim.