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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On August 2017, 2017, the Defendant: “The Defendant called the victim C by phone at the Defendant’s house located in the Jonnam-nam Navy B, Gyeongnam-gun, and called the victim C, “at home or by auction, she is well aware of the auction. By December 12 of this year, I would like to receive money from the auction in the name of Jepo apartment E”.
However, even if the defendant received money from the victim, he thought that he will be used to repay his personal debt, so that he did not have the intention or ability to sell D apartment E for the victim.
Accordingly, the Defendant, by deceiving the victim as such, received 51 million won from the victim to the F account (G) in the name of the Defendant on August 16, 2017, and acquired it by deceiving the victim.
Around July 9, 2015, the Defendant concluded that “Around July 9, 2015, the Defendant would lend money to the victim J at the victim J in Yongnam-gun, Yongnam-gun, and that “The interest and principal will be repaid within three years.”
However, in fact, the Defendant was in a situation where the Defendant was able to pay approximately KRW 150 million, such as financial rights, credit cards, and bonds, and thus was prevented from returning them. Therefore, even if the Defendant borrowed money from the victim, it was thought that it was used to repay the personal debt, and there was no intention or ability to pay the money to the victim.
Nevertheless, the Defendant received 2,90,000 won from the victim to the K account under the name of the money borrowed from the victim.
around 2010, the Defendant was aware of the Victim L, a workplace partner, while working in I in around 2010, and was able to obtain the borrowed money from the victim whose debts are excessive while operating the property in I after retiring.
1. On July 28, 2017, the Defendant committed the crime committed on July 27, 2017: (a) around the third square in the vicinity of the 3rd square in Sejong-si, the Defendant: (b) required funds to repay to a commercial bank in order to restore credit due to bad credit standing; and (c) thus, (d) KRW 40 million.