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A defendant shall be punished by imprisonment for not less than eight months.
The application for compensation of this case is dismissed.
Reasons
Punishment of the crime
"2018 Highest 1524"
1. On August 30, 2017, the Defendant committed fraud against the victim B: (a) stated that “D” in front of the “D” located in Sinsan-si, Sinsan-si; (b) “I need to pay money to the victim for the development of entertainment programs; and (c) I would lend KRW 10 million to the victim as security for the passenger car owned by B within one week, and then would pay KRW 500,000 to the victim during that period.”
However, in fact, around July 13, 2017, a mortgage of KRW 22,00,000 has already been established on the above-mentioned passenger cars, and there was no collateral value of the above-mentioned vehicle. At the time, the Defendant paid monthly salary of KRW 1,00,000,000, but at the time, the Defendant had to pay the personal debt incurred while engaging in credit business as interest amounting to KRW 50,000,000,000 per month. Thus, even if he borrowed money from the victim, there was no intention or ability to pay the debt within the date of payment.
Nevertheless, the Defendant, by deceiving the victim as above, was immediately transferred KRW 9.5 million to the national bank account (F) in the name of the Defendant under the pretext of borrowing from the victim.
2. On November 29, 2017, the Defendant stated that “Around November 29, 2017, the Defendant would lend money worth KRW 1.9 million to the victim in a mutual coffee shop located in the area of the U.S. Simsan-si, Simsan-si.”
However, at the time, the Defendant was only 1 million won monthly wage, and the personal debt incurred while engaging in credit business was about 50 million won, and the Defendant had to pay interest equivalent to KRW 10 million per month. Thus, even if the Defendant borrowed money from the victim, the Defendant did not have any intent or ability to pay it within the due date.
Nevertheless, the defendant deceivings the victim as above and receives 1,90,000 won from the victim to the single bank account (H) in the name of the defendant.