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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. On July 26, 2016, the Defendant stated that “A victim C shall be prevented from having a credit card and repaid a credit card immediately if he/she lends one million won to the victim,” in the private taxi located in the Nam-gu, Nam-gu, Gwangju.
However, under the circumstances that the Defendant had no property, and it is difficult for the Defendant to pay the monthly income, not only did it bear the liability equivalent to KRW 50 million, and had already been used for the repayment of the existing obligation with a credit card, and most of the borrowed money that the Defendant would have borrowed from the victim was expected to use for the repayment of the existing obligation (the “defluence”), and there was no intention or ability to repay the borrowed money even if it was borrowed from the victim on several occasions due to the annual restriction.
As above, the Defendant, by deceiving the victim as above, acquired KRW 1 million from the victim in the name of the same day as the loan money from the victim, by transfer from the D Bank account in the name of the Defendant.
2. Around December 29, 2016, the Defendant stated that “The Defendant shall prevent the payment of KRW 1,500,000 for a credit card” to the said victim, stating that “The Defendant would prevent a credit card from being paid money more than two to three days.”
However, under the circumstances that the Defendant had no property, and it is difficult for the Defendant to pay the monthly income, not only did it bear the liability equivalent to KRW 50 million, and had already been used for the repayment of the existing obligation with a credit card, and most of the borrowed money that the Defendant would have borrowed from the victim was expected to use for the repayment of the existing obligation (the “defluence”), and there was no intention or ability to repay the borrowed money even if it was borrowed from the victim on several occasions due to the annual restriction.
The defendant deceivings the victim as above and is on the same day from the victim.