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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. On August 20, 2012, the Defendant made a false statement that “Around August 2012, the Defendant would pay interest at KRW 200 to KRW 250,000 per month to the victim C, even if he/she borrowed money from the victim, and even if he/she borrowed money from the lender, he/she would pay interest at KRW 200 to KRW 250,000 per month.”
However, in fact, from January 2010, the Defendant provided interest to D et al. for a loan of money to D et al., and received a total of KRW 160 million from D et al., but was not paid interest from D et al., due to the fact that C et al. failed to receive interest from E, there was a plan to prevent the repayment of interest, such as the repayment of interest from D et al., and even if the Defendant borrowed money from the victim because there was no other property owned, there was no intention or ability to repay the principal or interest.
As such, the Defendant, by deceiving the victim as such, obtained KRW 10 million from the victim on the same day as the loan money, KRW 20 million on the same name as August 21, 2012, and acquired KRW 10 million on the same name as August 22, 2012 by transfer from the victim to the account under the name of the Defendant’s name.
2. Around September 4, 2012, the Defendant made a false statement to the victim C, stating that “I shall make a contribution to a church going to the Republic of Korea, and shall make a repayment if I lend money.”
However, the defendant did not have any intention or ability to pay the principal or interest even if he/she borrowed money from the victim because he/she did not own any property, as stated in Paragraph 1.
As such, the Defendant, by deceiving the victim, received 5 million won from the victim to the account in the name of the defendant under the name of the victim as the borrowed money on the same day.
3. On September 25, 2012, the Defendant committed a crime on or around September 25, 2012, to the victim C’s apartment of South East-dong.