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A defendant shall be punished by imprisonment for six months.
An applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
1. Around October 2008, the Defendant made a false statement to the effect that “The Defendant would repay without a mold any money if he/she lends money to the insurance solicitor because he/she was an apartment under the name of the Plaintiff and the husband performed a equipment among the husband,” and that he/she would also pay high interest on the third part of the month.”
However, in fact, the Defendant had no real estate in the situation of selling apartment in order to repay the existing debt, and there was no other asset or profit, and there was no intention or ability to pay the interest or pay the said money to the victim.
The Defendant, as such, by deceiving the victim, received a total of KRW 20 million from the victim around October 30, 2008, and KRW 20 million around December 29, 2008.
2. Around September 2009, the Defendant: (a) lent money to the victim’s residence located in Gyeonggi-gu Gyeonggi-gun Co., Ltd. by November 2009; (b) borrowed money from the victim to November 2009; and (c) repaid the amount of KRW 10 million each month from May 2010 to August 2010. The Defendant made a false statement to the effect that, even if he/she sold an apartment under his/her name, he/she would sell it, he/she would repay it.
However, the defendant had already no real estate in the situation of selling apartment in order to repay the existing debt, and there was no other asset or profit-making, and there was no intention or ability to repay the above money to the victim as the victim did not speak.
The Defendant, as such, by deceiving the victim, received KRW 10 million from the victim around September 7, 2009 and KRW 6.5 million around September 28, 2009.
As a result, the Defendant, by deceiving the victim two times, received a total of KRW 56,50,00 from the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. The complainants of the investigation report shall hear the counter-statements of D and borrowed statements;