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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[2013 Highest 1140 case] On April 7, 2012, the Defendant, at a “D” credit service office operated by the victim C, located in Seo-gu, Seo-gu, Gwangju, Seo-gu, Gwangju, the Defendant said that “The Defendant would pay the principal and the interest of 3.25% per month after one month, on the loan of KRW 5 million.”
However, in fact, the defendant did not have any intention or ability to repay the above loan to the victim because he did not have paid the deposit for the lease to the lessor with respect to the above detached house and was liable for the debt of approximately KRW 30 million.
Nevertheless, the Defendant, as above, by deceiving the victim, received KRW 2 million from the victim on April 10, 2012, KRW 7.4 million on April 12, 2012, KRW 4.6 million on April 13, 2012, KRW 4.6 million on April 13, 2012, and KRW 19 million on May 30, 2012.
【2013 Highest 1161 case】 Around February 3, 2012, the Defendant loaned money to the victim’s residence located in Ha-dong, Ha-dong, Ha-dong, Seoul, for a PC opening of the PC opening of the PC opening of the PC opening of the PC. At present, the Defendant borrowed money to repay KRW 25 million to the Defendant.
However, in fact, the defendant was living at the monthly rate of 1.5 million won, and even if he borrowed money from the victim without any specific property, he did not have any intention or ability to pay it properly.
Nevertheless, the Defendant, as above, made a false statement to the victim and received KRW 3 million from the victim around February 4, 2012, KRW 2 million around February 10, 2012, KRW 2 million around March 26, 2012, KRW 2 million around April 20, 2012, KRW 2 million around April 28, 2012, and KRW 2 million from April 28, 2012, respectively, in cash, from the victim, and received KRW 2 million around April 28, 2012, and KRW 2 million from April 29, 2012, respectively.
Accordingly, the defendant deceivings the victim and receives a total of KRW 15 million from the victim as a loan.