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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
Around June 2, 2001, the Defendant intended to acquire a building located in Young-gun C and operate a restaurant. However, as the site of the building was under a sudden auction, the Defendant continued to run the site by lending a large amount of money through financial institutions and their neighbors, making it difficult to take over the site from that time to the point of time. As to the issue of payment of the acquisition price in the process of acquiring the site, the Defendant started to run in a situation where additional funds were needed due to litigation costs, etc., and as such, it was difficult to properly operate the restaurant on the date of the completion of the construction of the building. Accordingly, there was no revenue from the punishment that reaches around around around 2008.
1. Around May 15, 2008, the criminal defendant against the victim E said victim E, who worked as an employee at the time of the said restaurant and resided together with the said employee, stated that “a victim E, who borrowed money in short of the amount of digging cost, changed the court’s work, and upon the completion of the work, it would be difficult to pay back the monthly wage of the width.” On the other hand, the defendant borrowed money from the lender’s phone more than the lender’s phone, and if the borrower borrowed money from the lender, he/she would return the money in lieu of paying the money.”
However, due to the above circumstances, the defendant did not have any intent or ability to pay the money even if he borrowed money from the victim.
As such, the Defendant, as well as by deceiving the victim, received KRW 130,00 from the victim immediately in cash, and thereafter, received KRW 12,563,00 on 11 December 11, 2012, a total sum of KRW 12,563,00, as shown in the annexed Crime List (1).
2. When the Defendant was unable to easily borrow money from the above E, the Defendant’s fraud against the victim F was under litigation around January 18, 2008, and when the Defendant borrowed money, the land owned by the mother to FF of the victim F of the said E’s father around January 18, 2008 is under litigation, and when the Defendant borrowed money, the Defendant borrowed the money to a certain extent to reduce the interest as at the end of the court date, and only one month is used.