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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
The Defendant is a person who actually operated the Gangseo-gu Seoul Metropolitan Government “C” from the end of May 2009 to June 2018.
1. On October 20, 2013, the Defendant against the victim D referred to in the above “C” stated to the effect that “The victim D works for the branch office of the company with restriction in south, an officetel is also owned in the house and in the water source, and the deposit amount for the marina is equivalent to KRW 100 million per day. The amount of KRW 2 million per day and KRW 3 million per day at the end of the week is rounded off. However, if the marina operating fund is urgently required, the Defendant would be repaid if he/she lends money.”
However, the Defendant was practically unable to obtain a loan from a financial institution from a financial institution since before January 2013. The Defendant’s debt amounting to KRW 46 million accumulated from January 2013. From March 2013, the Defendant’s debt amounting to KRW 25 million, and even if he/she borrowed money from the victim, such as the accumulated debt amount to KRW 31 million from August 2013, 2013, he/she did not have any intent or ability to repay the entire debt amount.
Nevertheless, the Defendant, by deceiving the victim, received transfer of KRW 5,60,000 from the victim around October 20, 2013, and received KRW 222,430,000 from the victim from the above date to December 1, 2017, as stated in the attached crime list (1), and acquired the money as borrowed money.
2. On December 28, 2015, the criminal defendant against the victim H told the victim H to the effect that “if the marina operating fund is short of money, it would be repaid without fail.”
However, it was practically impossible for the Defendant to obtain a loan from a financial institution before January 2013, and the Defendant's debt to E accumulated from January 2013 is 4.