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A defendant shall be punished by imprisonment for five years.
Reasons
Punishment of the crime
Around April 2011, the Defendant: (a) opened a business establishment, such as “G”, “H”, and “I” in the Gwangju Mine-gu E and F; (b) provided loans exceeding KRW 500 million in the financial sphere; (c) however, the said business establishment was unable to properly operate its business; (d) caused difficulties in raising operating funds and paying loans; (c) by deceiving the other party to lend money; (d) by deceiving the other party to pay the existing debt; and (e) by using money again to repay the existing debt and then by acquiring money by fraud.
On June 24, 2011, the Defendant concluded that the “H” of the Defendant’s operation in Gwangju Mine-gu, which was known to ordinary people in the “H” of the J, would give a high interest on a loan of KRW 14 million as business funds are urgently needed.
However, even if the Defendant borrowed money from the victim as above, the Defendant did not have any intent or ability to repay the money to the victim with the promise, unless he/she borrows money from another person to borrow money again.
Nevertheless, the Defendant: (a) deceiving the victim as above and delivered KRW 14 million from the victim to the bank account under the name of the Defendant on the same day; and (b) from around that time to August 8, 2012, the Defendant stated the total sum of KRW 1,873,850,00 from the victim in the indictment of the prosecutor and the written indictment of the prosecutor from the victim as stated in the attached Table 1, “1,873,650,000” in the total sum of the written indictment of the prosecutor from the victim and the written indictment of the indictment of the crime; (c) however, the sum of each amount listed in the attached Table 1 is KRW 1,873,850,00; and (d) the sum of the written indictment and the written indictment of the written indictment are obviously erroneous.
this shall be obtained and shall be acquired.
The defendant of "2013 Gohap315" is a victim in the cosmetic Maju-gu L around April 5, 2011.