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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
"200 Highest 3271"
1. Fraud;
A. On February 2016, 2016, the Defendant obtained a loan from “C” office located in Sasan-si, Ansan-si, Sasan-si, Sasan-si, and said, “C” office, “A” and “C will receive a loan from the Small and Medium Business Corporation around April 2016, if the Defendant paid the money payable to the victim D in lieu of the money payable to the Defendant.”
However, in fact, the Defendant was bad credit holders, and the Small and Medium Business Corporation had already used a new business start-up loan, so it was extremely unlikely to receive a loan again. Since early 2016, there was no actual income due to the lack of business operation since early 2016, and there was no economic circumstance to the extent that the personal debt, including accounts payable, exceeds KRW 120 million. Therefore, even if the Defendant received money from the injured party, there was no intention or ability to pay the money.
Nevertheless, around February 6, 2016, the Defendant received 82,848,800 won in total from around 22 times until June 11, 2016, including the receipt of KRW 5,000,000 from an enterprise bank account (Account Number: G) in the name of the Defendant’s living together, from the damaged party, from the Defendant.
B. On May 13, 2016, the Defendant: (a) stated that “the Defendant would deliver a disturbance to the said victim D within a day from the day of delivery,” from the warehouse located at H at Sungsung-si on May 13, 2016.
However, the Defendant had no intention or ability to pay the amount to the victim because of a large amount of accounts payable as described in the above A., and even if the amount was supplied by the customer, the Defendant did not have any intention or ability to pay the amount to the victim, since the Defendant did not have any intention or ability to pay the amount to the victim.
Nevertheless, around May 13, 2016, the Defendant received a disturbance equivalent to KRW 679,400 from the injured party, as well as the attached Form.