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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[2015 Highest 2908] The Defendant’s sales business, which began from July 2012, was not exempt from deficit, such as operating expenses such as office rents, which amount to KRW 20 million or less, and the individual debt amount to KRW 200 million, was equal to KRW 200 million per month, and there was no intention or ability to repay it as agreed upon, even if the Defendant borrowed money from the victim D, such as that the individual debt amount to KRW 9 million was paid every month.
1. On November 2012, the first criminal defendant, by making a false statement to the effect that “The principal shall be repaid three months after the loan of KRW 20 million to the victim, and 5% interest of each month shall be paid to the victim without fail,” from the phone, and he/she shall receive from the victim a remittance of KRW 20 million to the account of Han Bank in the name of the defendant on December 4, 2012.
2. On December 7, 2012, the second criminal defendant: (a) made a false statement to the effect that “I will use only 10 million won if I wish to teach C” to the victim by telephone; and (b) he/she received from the victim a remittance of KRW 10 million from the victim’s name bank account on December 10, 201 to the Defendant’s name bank account.
[2015 Highest 4122] The Defendant, from July 2012 to 501, was unable to be relieved of deficit, such as having been paid KRW 20 million or paid out of operating expenses, such as office rents, and even if he/she received an investment from other persons, such as having to appropriate the amount for the repayment of the said debt, even if he/she received an investment from other persons, such amount should be appropriated for the repayment of the said debt, and thus, he/she did not have any intent or ability to pay profit as agreed.
Nevertheless, around December 6, 2012, the Defendant made a false statement to the victim H’s house located in Seodaemun-gu Seoul Metropolitan Government, stating that “When investing in the C-Sales Business, the Defendant will return the principal within six months and pay dividends of 8% per month,” and that it shall be said that the victim would enter into a dispute settlement agreement from the victim.