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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
[2013 Highest 1714] On May 13, 2012, the Defendant said that “The victim E is able to purchase money up to KRW 30,000,000,000,000,000,000,000,000 won.” The Defendant said that “The Defendant would sell the crypt and immediately release the payment by selling the crypt.”
However, the fact was that, without any specific property at the time, it was difficult to reside in the monthly rent of KRW 10 million,00,000, and the management expenses were not paid at the time, and there was no intention or ability to pay the loan in time, since there was no idea to use the loan in purchasing the total amount.
Therefore, the Defendant received KRW 5 million from the victim to December 8, 2012, including transfer of KRW 5 million on the same day from the victim, and acquired property profits by means of remittance of KRW 2270,707,000 in total over 178 times, such as the list of crimes in attached Table 1, or by using credit cards in the name of the victim.
[2013Kadan3539] The Defendant had no intention or ability to purchase fireworks or to pay the borrowed money at the time, even if he/she borrowed money from the victim F for the purpose of the payment, because he/she had not repaid the amount equivalent to KRW 227 million borrowed from E because he/she had failed to pay the monthly rent of KRW 10 million without any specific property on January 201, 2013.
In addition, around February 8, 2013, the defendant prepared a business contract with the money borrowed from the above victim until that time with respect to the H restaurant located in Yongsan-gu Seoul Metropolitan Government, where he/she intends to open the business, but there was no intention or ability of the defendant to invest KRW 50 million according to the terms of the contract.
피고인은 2013. 1. 30.경 인천 중구 I에 있는 J회사 사무실에서 위 피해자에게 사귈...