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A defendant shall be punished by imprisonment with prison labor for not more than ten months.
Reasons
Punishment of the crime
1. The criminal defendant against the victim C did not have the intent or ability to repay the borrowed money as it did not have any property or income and is not good credit.
Nevertheless,
A. On the same day, around 2011, the victim C’s house located in Gangnam-gu Seoul Metropolitan Government, stating that “If the victim lends KRW 3 million to the victim, he/she will repay the amount without a molding one week later” was received KRW 3 million in cash from the victim on the same day;
B. On February 24, 2015, at the same place, the victim received from the victim a total of KRW 7 million, including KRW 2 million on the same day and KRW 5 million on the following day on the borrowing date, on the following day, by falsely stating that “If the victim lends KRW 7 million to the victim, the interest shall be added to KRW 3 million in 200,000,000,000,000,000 won shall be paid to the victim in 200,000 won.”
C. From June 2015, at the same place, the victim made a false statement to the effect that “If a credit card is lent, he/she will pay the settlement amount in cash,” he/she acquires the same amount of financial benefits from the victim’s failure to pay the sum of KRW 10270,000,000 from November 2015, on the same day.”
D. On October 13, 2015, the victim made a false statement to the effect that “The victim shall make a full payment without any mold by combining debts that he/she borrowed prior to the lending of money” with the victim at the same place, and that part shall receive from the victim the sum of KRW 1.6 million on the same day as the loan, KRW 5 million on the 15th of the same month, KRW 5 million on the 16th of the same month, KRW 5 million on the 16th of the same month, KRW 17th of the same month, KRW 5 million on the 17th of the same month, KRW 5 million on the 26.6 million on the 25th of the same month, and shall also receive 46.7 million from the victim.
2. Around July 2015, the Defendant expressed the victim E a photograph of the vehicle at the above C’s house to the victim E, who is a seat of C, and said, “I will sell the vehicle in a sealed way.”
However, the above vehicle is owned or disposed of by the defendant.