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The punishment of the accused shall be set forth in six months.
Reasons
Punishment of the crime
1. On February 2, 2016, the Defendant stated that “A victim B, who had a relationship of interest at the time, had been in the river basin in Gangnam-gu Seoul Metropolitan Government, had been in operation of an adult amusement room by lending his/her friendship and amusement equipment, and had reported to the police by the owner of entertainment equipment on the fact that he/she failed to pay the entertainment rent. If he/she is unable to pay the entertainment rent, he/she borrowed money for the entertainment equipment that was incurred in the reduction of the rent.” If he/she borrowed money, he/she would have no problem by repaying the principal and interest of the monthly loan.”
However, in fact, the defendant did not have any intention or ability to repay the debt even if he borrowed money from the victim due to the absence of any specific revenue and property.
Around March 5, 2016, the Defendant, by deceiving the victim as above, had the victim borrow KRW 10 million from the lending company, etc., and received from the victim the amount of KRW 6 million from the D Bank located in Gangnam-gu Seoul Metropolitan Government (Seoul) around March 5, 2016 and KRW 4 million from the same place around March 6, 2015, respectively.
2. On March 2016, the Defendant made a false statement at the Defendant’s home located in Gangnam-gu Seoul, Gangnam-gu, Seoul, stating that “The Defendant would have no monthly payments, and would have to receive monthly payments from the victim B with money borrowed to pay monthly payments.”
However, in fact, the defendant did not have any intention or ability to repay the debt even if he borrowed money from the victim due to the absence of any specific revenue and property.
Around March 21, 2016, the Defendant, by deceiving the victim as above, had the victim transfer KRW 500,000 to a bank account (F) in the name of the victim used by the Defendant from the victim.
3. On April 2016, the Defendant extended loans from the Defendant’s house located in Gangnam-gu Seoul Metropolitan Government, to the victim B, for the following reasons: (a) the interest rate is high; and (b) the number of years in which the interest rate is low.