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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
[2017 Highest 3606]
1. Around January 2016, the Defendant committed the crime against the victim B through C, a sports center leader, the victim B, saying, “I would pay a high interest upon lending money to the company accompanying the victim. There is no loss on the part of the company, and if the principal is necessary, I would be able to repay at any time only before the month.”
However, in fact, the Defendant promised to give a high interest from others and invested in a multi-level company by borrowing money from others, but did not make any profit, and was thought to prevent the so-called repayment of the debt to others by borrowing money from the victim, so there was no intention or ability to pay the interest and principal of the high interest as agreed even if the Defendant borrowed money from the victim.
Around January 15, 2016, the Defendant received KRW 10,000,00 from the victim to the account in C’s name, from that time, from that time, the Defendant received the total amount of KRW 15,30,000 from that time until December 16, 2016, including the transfer of KRW 10,00,00 from the victim’s account.
Accordingly, the defendant was given property from the victim by deceiving the victim.
2. On November 2016, the Defendant: (a) received the victim D through the said B from F located in the window E of Changwon-si, Changwon-si, via the said B; and (b) concluded that the Defendant provided the victim by telephone that “I would pay a high interest on the loan of money to the company to which I attend, who borrowed money from the branch.”
However, in fact, the Defendant promised to give a high interest from other persons and invested in a multi-level company by borrowing money from other persons, but did not make any profit, and was thought to prevent the so-called return of the debt to other persons by borrowing money from the victim, and thus, the Defendant is willing or ability to pay the interest and principal of the high interest rate as agreed even if borrowing money from the victim.