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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On January 28, 2010, the defendant was released on March 30, 2012 and on April 19, 2012 from the Daegu High Court sentenced one year and three months to imprisonment for the crime of aiding and abetting the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud).
1. On May 2012, the Defendant made a false statement to the victim D’s house located in Busan Shipping Daegu Apartment C, Busan Metropolitan City, 4301, stating that “The Defendant shall lend KRW 100 million to the victim, i.e., that the inside of the country is urgent. KRW 70,000 is being prepared, and KRW 30,000 is loaned to the mother and child, and 300,000 won was loaned to the other. It was late that the Defendant lent money to the other party within one week. If 30,000 won is lent, the Defendant would make a full payment within one week.”
However, in fact, the Defendant was trying to use the money from the victim as business expenses, etc., and did not intend to lend money to others. There was no money to lend money within one week, and even if he did not have any special property with bad credit, he did not have any intent or ability to repay money within one week even if he did not borrow money from the victim.
As such, the Defendant, by deceiving the victim, obtained 10 million won cashier's checks from the victim and acquired 30 million won in total from the victim.
2. On June 5, 2013, the Defendant made a false statement to the victim, “On the other hand, I would like to make a settlement of the hotel business in Thailand. I would like to make a settlement of the amount of KRW 1.00 billion if I would like to make a settlement of the amount of KRW 1,000,000,000,000,000,000,000,000,000,000 won.”
However, the defendant did not operate a hotel business in Thailand, and the defendant did not have any intent or ability to repay money within one month even if he borrowed money from the victim in excess of 200 million won to invest in the restaurant without any special property.
The Defendant is identical to this.