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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
1. Fraud against the victim C;
A. A. Around August 5, 2011, the Defendant entered the victim C’s house located in Yongsan-gu Seoul Metropolitan Government Yongsan-gu, with the victim’s five unit of the 10 million foot number system operated by the victim, and made a false statement to the victim stating that “The victim will first pay the balance to the victim in good faith.”
However, in fact, the Defendant had no intention or ability to pay the remainder normally even if he had to pay the remainder, because he had already operated two child care centers on the wind that he had not obtained permission from the competent authorities, such as disposing of two child care centers already operated by the authorities, and due to this circumstance, he was liable to pay the amount of KRW 00 million to creditors, such as E, F, G, H, I, etc.
Accordingly, the Defendant, as such, by deceiving the victim, received a total of KRW 44.2 million from August 5, 201 to March 30, 2012 from the victim.
B. Around September 2011, the Defendant borrowed the borrowed money, “K” located in Yongsan-gu Seoul Metropolitan Government J (J) and “Seoul Yongsan-gu L 502 is about to purchase money. If the Defendant borrowed money, he/she would set up a collateral security right and would make a repayment with the interest of the third part of the month and with the interest of the third part of the monthly payment.”
However, in fact, the Defendant did not have any specific property as described in paragraph (1) and was scheduled to purchase the senior collateral by creating a senior collateral with a loan of KRW 150 million from the agricultural cooperatives. Thus, even if he borrowed money from the victim, the Defendant did not have any intent or ability to repay it.
Accordingly, the Defendant, as such, by deceiving the victim, received KRW 25 million from the victim on October 12, 201, under the pretext of borrowing down payment of the above 502.