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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
"2013 Highest 3916"
1. On May 25, 2012, the criminal defendant against the victim B made a false statement to the victim B at the “D” restaurant located in Yangyangnam-si, Yangsan-si, that “E sent a study abroad to B due to the nature of his/her sub-committee, and that he/she has the obligation to lend money to the other party to meet the expenses. To solve his/her obligation, the defendant would pay interest on a monthly basis when he/she lends money to the necessary one million won. By the end of each year, he/she would pay the principal in full.
However, there was a debt amounting to 400 million won that the Defendant had previously been unable to repay from the other party, and the Defendant continuously lent the interest on the existing debt to the neighboring party due to the absence of any particular revenue or property, and thus, there was no intention or ability to repay the debt even if he borrowed the money from the victim.
Nevertheless, as above, the Defendant, by deceiving the victim as above, received KRW 10 million in cash immediately from the victim, and obtained KRW 61 million in total five times until September 28, 2012, such as the list of crimes in the attached Table (1).
2. Around July 2, 2012, the criminal defendant against the victim F made a false statement to the effect that “D” restaurant located in Yangsan-si, Yangsan-si, would lend 20 million won to the victim F. It would be repaid on the twenty (20) days.”
However, there was a debt amounting to 400 million won that the Defendant had previously been unable to repay from the other party, and the Defendant continuously lent the interest on the existing debt to the neighboring party due to the absence of any particular revenue or property, and thus, there was no intention or ability to repay the debt even if he borrowed the money from the victim.
Nevertheless, the defendant deceivings the victim as above, and thereby, 20 million won is the same day from the victim.