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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
[2013 Highest 413]
1. On April 8, 2010, the Defendant made a false call to the victim C, a middle school, at an insular place, to the effect that “I will take off the house as collateral and repay the house immediately if I will lend money to IB to IB, as IB would have to perform an AB surgery, as IB would need to do so.”
However, since the bonds of KRW 110,00,00 have already been borrowed by the defendant's office as security at the time, the above bonds have to be repaid first, and thus there was no intention or ability to repay the bonds with others even if they have borrowed money from others.
The Defendant, as such, by deceiving the victim, received KRW 20 million from the victim, i.e., a loan from the victim, and received KRW 30,50,000 from around that time to August 20, 2010, the Defendant received KRW 30,050,000 from the victim four times as indicated in the attached crime sight table (1).
2. On November 2010, the Defendant made a false statement to the victim D, a middle school alumni, by phoneing to the victim D, a middle school at an infinite place, stating, “I would give the principal and interest after one year of investment.”
However, the fact is that there is a large amount of bonds like the above paragraph (1) and did not have an intent or ability to make investments in the film or to pay investment profits even if they received investments from the victim.
As such, the Defendant, by deceiving the victim, received KRW 2 million from the victim as investment money on November 12, 2010, as well as from around that time to May 8, 2012, issued KRW 60,000,000,000 from around that time, as shown in the List of Crimes (2).
[2013 Highest 1235]
3. On February 22, 2012, the Defendant, at the office of “F” company, the Defendant’s workplace in Gangnam-gu Seoul, located in Gangnam-gu, (hereinafter “F”) and the victim G by telephone, who is in charge of finance at the domestic company, and the location conditions are good if the financial flexibility is good.
I wish to lend money.