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A defendant shall be punished by imprisonment for a term of one year and eight months.
Reasons
Punishment of the crime
[2019 Highest 1326]
1. On September 2015, the Defendant made a false statement to the victim D that “In order to organize and operate a number system, the Defendant would normally pay an amount of KRW 1,200,000 per one unit of money for each month.” On the other hand, the Defendant joined the second half of the second half of the year and then paid an amount of money for KRW 3,00,000 from an internal point of view.”
However, the defendant did not have the intention or ability to pay the guidance by organizing and operating the normal system at the time.
On October 5, 2015, the Defendant, by deceiving the victim as such, received KRW 3 million from the victim to the E account (Account Number:F) in the name of the Defendant, and took over KRW 30 million from August 5, 2016 through a total of 11 times from that time to August 5, 2016, as stated in the crime sight table 1.
2. On November 25, 2015, the Defendant made a false statement to the effect that “If the Defendant lends KRW 30 million to the victim, 30% interest per annum shall be paid on the 25th day of each month, and the principal shall be repaid until June 25, 2016.”
However, at the time of fact, the defendant had a debt of KRW 240 million against G, and there was no intention or ability to repay the debt to other persons even if he/she borrowed money from other persons because of a large amount of personal debt.
As such, the Defendant, by deceiving the victim and deceiving the victim on November 25, 2015, received money of KRW 30 million from the victim on or around December 28, 2015, KRW 10 million on or around December 28, 2015, KRW 15 million on or around February 2, 2016, and KRW 50 million on or around February 2, 2016, and acquired money through the E account (Account Number: H) in the name of the Defendant.
[2019 Highest 2612]
1. Around July 26, 2013, the Defendant made a false statement to the victim K by phoneing the Defendant’s vehicle located in the J neighboring Yong-gun I, Yong-Nam-gun, and that “If the pigs are supplied to L with a subcontract to pay a sa, etc., the Defendant may make a sa, etc., if he/she receives the subcontract to pay a sa. If he/she, he/she will pay the 3rd interest per month, and pay the principal by the end of each year.”
However, it is true.