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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. Around July 2016, the Defendant: (a) around July 2016, when the Defendant borrowed money from the victim, he/she thought that he/she would use to repay the existing debt; and (b) he/she was also unable to recover the money that he/she lent to another person; and (c) her husband’s revenue was not certain; (d) even if he/she borrowed money from the victim, he/she did not have an intent or ability to repay it after the lapse of one month, he/she concealed such fact; and (e) was able to borrow money from the victim.
On July 11, 2016, the Defendant stated that “A” restaurant operated by the Defendant, “D” restaurant operated by the Defendant, and the victim B who works as an employee, “A restaurant operation fund is required. There is money to be received from another person, and a restaurant is also operated, and the husband is also in a transportation business, and the husband has the ability to complete payment, and it is sufficient to lend money.”
As above, the Defendant, by deceiving the victim and deceiving it from the victim, was KRW 3 million on July 11, 2016, and KRW 2 million on July 25, 201, to each Defendant’s name Nong Bank (E), and the same year.
8. 25.2 million won was remitted to the account in the name of the Nonghyup Bank (G) in the aggregate of seven million won.
Accordingly, the defendant was given property by deceiving the victim.
B. At the end of August 2016, the Defendant stated that “A” restaurant operation funds need to be repaid to the victim. As seen earlier, the Defendant would have sufficient ability to complete payment and make a processed card settlement, and would have the payment be repaid before the credit card settlement date of the following month.”
The Defendant, by deceiving the victim as above, had the victim settle the amount of KRW 4 million with a bar card (H) at the above restaurant on the same day, and received money of KRW 3,968,000 from the lot card company on August 30, 2016, except for card fees.
In this respect, the defendant deceivings the victim to take property.