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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The Defendant, “2015 Highest 2406,” is a dental technician, and from March 2012 to March 2014, the Defendant engaged in the business with the victim G and engaged in the business of operating the said dental laboratory and managing funds.
1. Fraud;
A. On January 25, 2008, the Defendant stated that “The Defendant would repay the money received by selling the J apartment currently residing in Songpa-gu Seoul to the money if he/she borrowed the money to pay the intermediate payment for the purchase of a new apartment to the victim, as he/she is in need of the payment of the intermediate payment to the new purchase of the apartment.”
However, at the time, the above J Apartment was established with the maximum debt amount of KRW 216 million, and even if the apartment was sold, the payment should be used for the repayment of the above debt and the payment of the deposit to the lessee. The defendant's income was insufficient to cover the interest of the above loan and the living expenses, and there was no intention or ability to repay the loan even if it was borrowed from the victim.
As such, the Defendant, by deceiving the victim, received money of KRW 29.7 million from the victim to the national bank account in the name of the Defendant’s wife K on the same day, and acquired it by fraud.
B. The Defendant is above the Defendant around October 6, 201.
In the same place as Paragraph 1, the victim made a false statement that “I will pay interest in 200,000 won per month and pay the principal without money if I lend money in the amount of KRW 20,000,000 per month in order to repay this money.”
However, at the time, even if the defendant borrowed money from the victim, he thought that it will be used to repay his personal debt.
There was no intention or ability to repay the borrowed money as stated in the paragraph.
The defendant deceivings the victim as such, and borrowed money from the victim to the national bank account in the name of K with the defendant's wife.