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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
In order to raise operating expenses, etc. of gas stations from March 2016 to September 2016, the Defendant loaned the bonds to operate the gas stations in Daegu Suwon-gu, 2018, and the Defendant was in excess of the obligation, such as lending the bonds to cover approximately KRW 120 million,00,000,000 from September 2016, and personal debt borrowed from D with operating expenses, etc. to KRW 100,000,000,000,000,000,000,000,000,000,000,000,000,000 won.
1. On June 17, 2016, the criminal defendant against the victim F made a false statement to the victim H operated by the victim F located in the Gu, Si, Si, Gu, stating that “The victim would sell petroleum with a loan of KRW 2,00,000,000,000 per week and return the principal at any time when he/she would return it.”
However, even if the Defendant borrowed money from the injured party, it was thought that it would be used to repay the debt equivalent to KRW 120,000,000, and even if the Defendant borrowed money from the injured party due to the urgency to prevent the repayment of the credit oil payment, etc. in excess of the debt, there was no intention or ability to pay the profit or to pay the principal.
The Defendant, as such, by deceiving the victim, received 22,00,000 won from the J bank account under the name of the J bank account on the same day from the victim.
9. From 29. up to 29.29. Upon receiving 80,960,000 won under the name of borrowed money, oil payment, etc. for a total of four occasions, such as a total sum of 120,30,000 won in the annexed crime list 1,2,30,000 won, after settling the amount equivalent to 39,40,000 won with the victim’s K Bank L card for a total of two occasions, such as the annexed crime list 4,6.
2. On August 22, 2016, the Defendant against the victim M is the victim at the O oil station operated by the victim M located N in Goyang-si, Goyang-si on August 22, 2016.