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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant worked as an insurance designer in B, and came to know of the victim C by introducing the victim C around January 2017, and was aware of the victim's property status by allowing the victim to buy insurance, and was willing to borrow money from the victim.
1. On February 27, 2017, the accused of fraud calls the victim at the B office located in the petition-gu, Cheongju-si on February 27, 2017, and “The cost of living that is paid for one month is equivalent to five million won, and the premium, installment savings, etc. are disbursed.”
The same shall apply to the head of a Tong because there is no money to be used for the own daily living expenses.
It is possible to lend 10 million won because there is an unpaid installment savings and there is no money to do so.
“The term “ was read as having re-refluence.”
However, the Defendant did not have assets, such as installment savings, but did not have any income, and the Defendant intended to use the funds borrowed from the damaged person for the repayment of existing loans, living expenses, etc., so the Defendant did not have any intent or ability to repay the funds even if borrowed from the damaged person.
Nevertheless, the Defendant, as seen above, was delivered KRW 10,000,000 as a check to the injured party, who had been employed by the injured party in Ansan-si E around February 28, 2017 by the victim.
2. On May 4, 2017, around May 4, 2017, fraud Defendant calls from the victim at the office of the above Defendant to pay the principal of the loan to the victim at one time, and the credit rating is high when the principal is repaid at one time.
F shall pay all interest accruing from the lending of money with the loan from the F and shall pay all the money.
There is no problem of credit rating at all.
“.....”
However, the Defendant did not have property, such as installment savings, but did not have any income, and the Defendant intended to use the borrowed money from the injured party for the repayment of the existing loan, living expenses, etc., so the money from the injured party.