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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
After the defendant became aware of the victim C (the age of 65) who was working as the chief secretary at the office of a certified judicial scrivener, and was engaged in livestock product processing business at the office of a certified judicial scrivener in 2009, the victim provided the legal knowledge necessary for his business and has been trusted.
1. On February 7, 2011, the Defendant made a false call to the victim at a closed place and made a false statement to the effect that “When the construction business operator intends to borrow money to the said person for a period of three months, he/she would have to borrow money to the said person, he/she would have set up a collateral security on the real estate which he/she is permitted to lend to the said person, and he/she would pay the principal in three copies per month and pay the interest in installments within three months.”
However, the defendant did not have the intention or ability to repay the borrowed money because the defendant thought to use the borrowed money for the business promoted at the time of borrowing, and the real estate to be offered as security.
Nevertheless, the Defendant, by deceiving the victim as such, received 276,00,000 won from the single bank account under the name of the Defendant for the same day as the loan money from the victim.
2. On December 9, 2011, the Defendant called “a person in need of money who calls to the victim at a place-free shop and lends money to him/her only two to three months. If he/she lends money, he/she would pay interest on the second-half-month interest, and will pay it without molding within two to three months.”
However, the defendant was thought at the time that he had a debt equivalent to 300 million won, and he had no intention or ability to repay the borrowed money.
Nevertheless, the Defendant, by deceiving the victim as such, received 238,750,000 won from the single bank account under the name of the Defendant for the same day.
3. The Defendant is at a place in which he was absent on April 19, 2012.