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Defendant shall be punished by a fine of four million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
1. On June 15, 2017, the fraud Defendant made a false statement to the victim D, stating, “If the Defendant lends KRW 10 million to the victim D, he/she shall give three additional interest every month, and shall pay the principal by September 15, 2017,” around June 15, 2017.
However, the defendant did not have any special property at the time, and even if he borrowed money from the victim due to the obligees' demand for repayment, he did not have any intention or ability to pay it.
Nevertheless, the Defendant received KRW 10 million from the victim on the same day through the E-bank account (F) in the name of the Defendant.
2. On August 25, 2017, the defrauded made a false statement to the victim on August 25, 2017, “If his/her husband and wife were to engage in funeral services and lent money to the victim in need of KRW 10,000,000,000,000 to the extent that he/she was able to repay the money to the victim until November 25, 2017.”
However, at the time, the Defendant did not have been involved in an accident, received demand from creditors for repayment, and even if she borrowed money from the victims, there was no intention or ability to repay the money borrowed from the victims.
Nevertheless, the Defendant received KRW 10 million from the victim as the borrowed money through the above E bank account in the name of the Defendant.
3. On September 12, 2017, the defrauded concluded on September 12, 2017, that “the funds are insufficient for the victim to take over the danran bar” in the said Cdain. On the other hand, if the Defendant took over the danran bar, he/she would receive a loan from the liquor company, and if he/she borrowed KRW 20 million, he/she would receive a loan from the liquor company, he/she would pay money within one month.”
However, because of low personal credit rating, the Defendant was unable to obtain alcoholic beverage loans from the beginning, and there was no other special property, and there was no intention or ability to repay the borrowed funds to the victim.
Nevertheless, the defendant is against the victim.