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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On February 11, 2011, the Defendant made a false statement to the effect that “Around February 11, 2011, the Defendant would pay the victim C with interest of 0.2% per day plus interest of 0.2% per day if he/she lends money in urgent need of money.”
However, in fact, the defendant was under economic difficulties as much as he/she should pay his/her personal debt with the above money, and there was no intention or ability to pay the loan within the time limit from the beginning.
Accordingly, the Defendant, by deceiving the victim as above, received the remittance of KRW 22 million from the victim on the same day.
"2013 Highest 132"
1. Around April 12, 2011, the criminal defendant against the victim D calls the victim D by phone to the victim D, Jung-gu, Seoul, Jung-gu, Seoul, and saying, “If the defendant lends KRW 60 million to handle the outstanding amount, only 3-4 days will be used and 0.2-0.3% interest will be paid every day.”
However, the Defendant was expected to use the said money for personal debt repayment and investment funds, not for customer deposit, and there was no intention or ability to repay the borrowed money within the period agreed from the beginning.
The Defendant received 60 million won from the victim to the new bank account (E) account in the name of the Defendant on the same day.
2. On May 17, 201, the Defendant said that “A victim F would deposit money by May 20, 201, if a customer G’s large-sum patient loan is necessary, by telephone and text to the victim F,” the Defendant said that “A customer G would deposit money by May 20, 201.”
However, the Defendant was expected to use the said money for personal debt repayment and living expenses, not for customer deposit, and there was no intention or ability to repay the borrowed money within the time limit from the beginning.
The Defendant received KRW 20 million from the victim to the new bank account (E) account in the name of the Defendant on the same day.
b)a summary of the evidence;