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Defendant shall be punished by a fine of four million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
1. Fraud against victim D;
A. On September 25, 2012, the Defendant, while drinking alcohol with the victim at the “F” restaurant located in Busan-gun E, Busan-gun, the Defendant made a false statement that “if he/she lends only one million won as he/she is required to repay credit and debt, he/she will repay all on the monthly salary of the following month.”
However, in fact, the defendant was unable to pay mobile phone charges and the drinking value in bad credit condition at the time, so even if he borrowed money from the victim, he did not have an intention or ability to pay it at the time of promise.
Nevertheless, the defendant was issued KRW 1 million at the school of the Busan Bank, around 21:11 on the same day by the victim.
B. On October 10, 2012, the Defendant made a false statement to the victim that “it has been immediately used, so he/she would have repaid with the borrowed money before lending KRW 200,000 to the victim.”
However, the defendant set forth in Paragraph 1 A.
For the same reason, even if the victim borrowed money from the victim, there was no intention and ability to repay it at the time of the promise.
Nevertheless, the Defendant received KRW 200,000 from the victim on the same day.
2. On December 2012, 2012, the criminal defendant against the victim C made a false statement, stating that “The victim shall borrow money, but not be repaid with money.” If the victim borrowed KRW 4 million, he/she shall be paid one million each time after three months thereafter.”
However, the defendant did not have any intention or ability to repay the borrowed money from the victim on the ground of Paragraph 1.
Nevertheless, on December 28, 2012, the Defendant received KRW 4 million in cash from the victim in front of the agricultural cooperatives located in the Il-gun, Busan, the District Court of the Republic of Korea on December 28, 2012 and received KRW 1 million in total from the victim, as shown in the annexed crime list, five times until April 8, 2013.