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A defendant shall be punished by imprisonment for 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
1. On July 24, 2017, the Defendant borrowed a loan to the lender B, who was in a interest-related relationship at the time at a closed address and at the time, made a false statement to the lender B, stating that “I would have to receive a loan under the name of the lender and deposit money in the passbook, so if the telephone from the lender is off, I would have to pay the currency well, and the principal and interest shall be paid in full.”
However, the defendant has received a loan under the name of the victim, and there was no intention or ability to pay the loan that the victim has to pay in the amount of approximately KRW 60 million.
The Defendant, by deceiving the victim as above, had the victim in currency with the lending company on the same day, had the victim borrow a total of KRW 3 million from C, KRW 5 million from D, KRW 15 million from E, KRW 17 million from F Bank, and KRW 40 million from F Bank on July 24, 2017, KRW 3 million from the victim on July 25, 2017, KRW 3 million from the same day, KRW 7 million from the same day, KRW 10 million from the victim on July 26, 2017, KRW 7 million from the same day, KRW 10 million from the victim on July 27, 2017, KRW 7 million from the victim on July 27, 2017, KRW 7 million from H Bank on July 27, 2017, KRW 7 million from July 31, 2017 (hereinafter referred to as “Defendant bank”).
2. On September 13, 2017, the Defendant made a false statement to the said victim, stating that “I will make a repayment together with the money that I lent prior to the lending of money in order to repay the credit card price and the loan, if I would be married to our marriage, and I would be able to do so in our economic way.”
However, as stated in the above Paragraph 1, the Defendant still was liable for a large amount of debt by using money borrowed from the victim as Internet gambling or game expenses, and was thought to use the money borrowed from the victim as Internet gambling or game expenses. Therefore, even if the Defendant borrowed money from the victim, there was no intention or ability to repay the money.
As above, the defendant deceivings the victim and receives 1.4 million won from the victim on the same day.