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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
1. On November 28, 2012, the criminal defendant against the victim C made a false statement to the victim of the E office operated by the defendant in Jin-si, Jin-si, that “I need to prove the balance of the corporation’s annual maturity, and if I lend money, I will deposit the money to the corporate account and confirm the amount of the money, and recover and repay the money.”
However, in fact, the Defendant was thought to use the money as the name of investment in the business in which the Defendant was invested, instead of using the money from the victim to certify corporate balance. At the time, the lending company operated by the Defendant was in a state of deficit and there was no specific asset in the name of the Defendant, and thus, the Defendant did not have any intent or ability to repay the money even if he borrowed money from the victim.
The Defendant, by deceiving the victim as above, received KRW 45,00,000 from the Agricultural Cooperative Account under the name of the Defendant on the same day.
Accordingly, the defendant was given property by deceiving the victim.
2. Around December 17, 2012, the criminal defendant against the victim F made a false statement to the victim by phone calls from the victim to the victim, stating that “When the victim lends money to the corporate account, he/she will deposit the money to the corporate account and confirm the amount of the money, and collect and complete payment of the money.”
However, in fact, the Defendant was thought to use the money as the name of investment in the business in which the Defendant was invested, instead of using the money from the victim to certify corporate balance. At the time, the lending company operated by the Defendant was in a state of deficit and there was no specific asset in the name of the Defendant, and thus, the Defendant did not have any intent or ability to repay the money even if he borrowed money from the victim.
As above, the defendant deceivings the victim and is in the same manner against the victim.