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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
The Defendant assumed a debt worth KRW 1.95 billion in total from around 2006 to around 2013, with no occupation, and paid the loan interest amounting to KRW 10 million per month. Such debt was a situation in which there was no separate property other than the real estate in the name of the Defendant, for which the secured claim amount equivalent to KRW 2.3 billion was established due to the above debt.
1. Fraud against the victim C;
A. On December 22, 2011, the Defendant stated that “The Defendant shall lend KRW 10 million to the Victim E located in Bupyeong-gu, Seocheon-gu, Seocheon-gu, Seoul, and that “A deposit KRW 400 million with a bank may be repaid at any time, as the Defendant has separately deposited in the bank.”
However, there was no fact that 40 million won was deposited, and even if 10 million won was borrowed from the victim in light of self-reliance circumstances, such as the burden of debt, there was no intention or ability to immediately repay.
Nevertheless, the Defendant, by deceiving the victim as such, received from the victim a transfer of KRW 10 million from the victim to the passbook of the bank (Account Number F) in one’s own name.
B. On February 17, 2013, the Defendant stated that “The money is necessary to survey the land” to the victim at an infinite place. If the Defendant borrowed KRW 10 million, it may be repaid at any time.”
However, even if the above money was borrowed, there was no intention or ability to repay it as agreed.
Nevertheless, the Defendant, by deceiving the victim as such, received 10 million won from the victim to the same account as the statement in the preceding paragraph.
2. On February 1, 2012, the Defendant: (a) stated that “A victim shall be able to repay KRW 10 million to the bank at any time, if he/she separately deposits KRW 400 million in the bank” with the victim in Bupyeong-gu, Seocheon-gu, Seoul.
However, there was no fact that 400 million won was deposited, and in light of self-reliance circumstances, such as the burden of debt as above.