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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
1. The Defendant, at least 30 million won, was at least 5 million won for the victim C with debentures in 2008, and the monthly income was at least 800,000 won, and even if the amount paid as interest was at least 400,000 won in one month, there was no intent or ability to repay the amount to the victim C, even if he/she borrowed money from the victim C.
Nevertheless, on March 24, 2008, the Defendant made a false statement to the effect that “the Defendant would pay credit card payments to the victim” from the victim’s house located in Seongbuk-gu, Seongbuk-gu, Sungnam-si, to the effect that “The Defendant would pay the card payments to the victim until April 24, 2008,” and received five million won from the victim’s house.
2. On October 27, 2008, the Defendant was issued one million won from the victim’s place of residence, on or before the victim’s home, with a false statement to the effect that “if one million won is loaned to the victim as the expenses for filing a petition for bankruptcy are required, one million won shall be repaid to the victim until November 20, 2008,” under the same circumstance as that of paragraph (1).
3. Under the circumstances described in paragraph (1) of this Article, the Defendant was issued one million won by the victim of this case, on October 10, 2008, to the victim of this case, on the following grounds: “Around October 10, 2008, the Defendant borrowed KRW 1 million from F, and he/she borrowed KRW 1 million from F to repay the said money, and he/she was paid KRW 1 million from the victim of this case.”
4. The Defendant, on October 10, 2008, received KRW 100,000,000,000 from the victim in French land, saying, “The Defendant borrowed 11,00,000 won from F to repay the said money,” saying, “The Defendant would pay KRW 21,000,000 in 21 every month when he/she became the transferor and would additionally pay KRW 500,000 in 10,000 per month if he/she fails to play a leading role.”
Since then, the Defendant paid 50,000 won each time for six months in the circumstances referred to in paragraphs (1) and (3), and thereafter, paid additional money at the victim's house located in G in ASEAN-si on April 2009.