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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
On January 20, 2010, the Defendant had been sentenced to imprisonment with prison labor for fraud, etc. at the Gwangju District Court on April 15, 2010, and completed the execution of the sentence.
Punishment of the crime
1. On May 23, 2012, the Defendant made a false statement to the victim C that “the Defendant would have to pay KRW 2.5 million within 20,000 to the victim C within 2,000,000.”
However, the defendant did not have any intention or ability to repay the amount even if he borrowed the amount from the victim, such as the defendant's debt such as the loan amounting to about 25 million won and the credit card amounting to 5 million won continuously occurred each month.
Nevertheless, the Defendant, as seen above, was accused of the victim and was given KRW 2.5 million on May 23, 2012 from the victim as the borrowed money.
2. The Defendant, around June 15, 2012, at the “B restaurant” above, should pay office to the victim C in order to provide the victim C with the phrase “to assist the victim in opening the potato restaurant in Gwangju, Gwangju, and South, and to allow the victim to continue running the potato restaurant in the potato and perform the potato restaurant in the area of Gwangju, Chungcheongnam, and Honam,” while the Defendant should pay office to the victim C in order to perform the pota to work.
The amount of KRW 20,000,000,000,000,000,000,000 shall be paid in every 1,000,000 won on the loan from a restaurant liquor supplier
The phrase “the meaning was false.”
However, even if the defendant borrowed money from the victim due to economic circumstances such as the statement in Paragraph 1, he thought that most of the money was used for the purpose of repaying the defendant's debt, and he did not have any intention or ability to repay the money.
Nevertheless, the Defendant, as above, by deceiving the victim as above, received from the victim a delivery of KRW 17.5 million on June 15, 2012 as the borrowed money.
3. The Defendant around July 2, 2012