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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
1. Around November 25, 2011, the criminal defendant against the victim B made a false statement to the effect that “I need to pay money rapidly, and I will use and pay money only,” at the victim B’s house located in the Busan Yadong-gu C.
However, in fact, the Defendant had to pay interest on credit card arrears and the interest on the lending company's debt, and was so-called return prevention due to cumulative debt of high interest rate, so there was no intention or ability to pay the above interest even if the Defendant borrowed the above money from the victim.
From February 15, 2017 to February 15, 2017, the Defendant, by deceiving the victim, received KRW 4 million from the victim to the D bank account in the name of the Defendant, and acquired KRW 104,650,00 in total over 68 times, as shown in the attached Table 1.
2. Around December 26, 2012, the defrauded made a false statement to the victim E that “I will use and repay only one million won if I lend it to the victim E” at the clothes repair shop of the Defendant’s operation located in Busan Seo-gu F.
However, the defendant did not have the intent or ability to pay the money within the fixed period even if he borrowed the money from the victim because of the economic situation such as the statement in Paragraph 1.
From March 14, 2017 to March 14, 2017, the Defendant, by deceiving the victim as such, received KRW 30,000,000 from the time when the victim was delivered in cash from the victim’s place of payment.
3. Around February 23, 2013, the defrauded of the Victim G made a false statement to the effect that “Around February 23, 2013, the Defendant borrowed money from the Defendant’s home of the H apartment I, Busan H apartment I.”
However, even if the Defendant borrowed money from the victim due to economic difficulties such as the statement in paragraph (1), he did not have the intent or ability to pay the money within the fixed period, and he received the money from the victim.