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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
1. The Defendant committed the crime against the victim B and the victim C, around August 2015, in “D”, a music club organized by persons residing in the members of the high city of Manyang-si, Goyang-si, which became aware of the victim B and C, and became pro-friendly.
A. On October 2017, the Defendant violated the Act on the Punishment, etc. of Specific Economic Crimes (Fraud) stated that “The Defendant would lend money to the victim B as he/she has engaged in the bond business. He/she may repay the money after one month.”
However, the Defendant had already been liable for more than KRW 100 million, and even if he borrowed money from the victim, he was thought to use it in the form of "refluence" by referring to the repayment of the existing debt, and there was no plan to re-investment in the bond business. Therefore, as explained by the victim, he did not have an intention or ability to pay the principal by paying interest.
The Defendant, on October 10, 2017, received KRW 40 million from the victim to the F Bank account (G) opened in the name of the Defendant under the name of the F Bank account (G) used by the Defendant, as stated in the attached Table 1, until April 21, 2018, and received KRW 570,000,000 in total nine times as shown in the attached Table 1.
B. On February 2, 2018, the Defendant committed fraud to the victim at the victim C’s house located in He, Hamju-si, Hamju-si.
Although false statements were made to the same purport, the fact did not have any intent or ability to repay interest or principal to the victim as above.
The Defendant, under the pretext of borrowing money from the victim, received KRW 10 million on February 22, 2018, KRW 22,000,000 on March 22, 2018, and KRW 10 million on April 23, 2018 by deceiving the victim by means of remitting the amount to a bank account opened in the name of E, and received KRW 40 million on April 23, 2018.
2. Crimes concerning the fabrication of private documents in the name of I, the recording of prior personal records, etc.