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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2013 Highest 380] On January 2, 2013, the Defendant stated that “In order to grant a loan of KRW 30 million,00,000,000 to an employee in charge of the loan under his name, the Defendant would make equal repayment of the principal and interest every day with the payment of the BC card that is settled from Cmat, and would offer an amount equivalent to KRW 70,122,927,00,000,000,000,000,000,000,000,000,000,000,000,000,00,00
However, on December 31, 2012, the Defendant: (a) agreed with D as an instrument to use the said Marart to use it; and (b) received the payment of the down payment of KRW 40 million on December 31, 2012; (c) the intermediate payment of KRW 68,5 million on January 4, 2013; and (d) the inventory assets offered as security to the victim by means of transfer were continuously returned and disposed of from December 31, 2012 to January 4, 2013; (b) thus, even if the Defendant received a loan of KRW 30 million from the victim, the Defendant did not have any intent or ability to repay the principal and interest of each day with the payment of the BC card in the said CC card, or to provide the inventory assets as security for transfer.
The Defendant was given 30 million won as a loan, around January 7, 2013, to the victim.
Accordingly, the defendant was given property by deceiving the victim.
[2013Kadan650] On December 17, 2012, the Defendant stated that “The Defendant would operate Cmaart and redeem 30 million won at the interest rate of 18.6% per annum for the loan to the employees in charge of the loan in his name in the Daegu-gu Daegu-gu Branch.”
However, in fact, the Defendant did not intend to make remodeling in the mind that he would transfer the above CMaart, and even if he received the above loans from the victim, he did not have the intent or ability to make reimbursement even if he did not receive the above loans in the amount equivalent to 360 million won at the time of the debt amounting to 360 million won and paid in 12 months.
The defendant in his seat is 30 million won as a loan from the victim.