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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Crimes against victims D;
A. On May 2015, the Defendant: (a) stated that “The Defendant would be expected to receive supply of and demand for remodeling work for the E hotel; and (b) would have invested KRW 10 million in the need of money in order to perform work.”
However, the defendant did not have the intention or ability to carry out the remodeling work of the E hotel.
Nevertheless, on June 2, 2015, the Defendant, by deceiving the above victim, obtained delivery of KRW 10 million to the G bank (H) account in the name of F designated by the Defendant from the above victim.
B. On October 20, 2015, the Defendant committing a crime related to the borrowed money will lend money to the said victim only one month which is individually required to pay the money by the end of November, 2015.
“.......”
However, since the defendant had a large amount of debt due to bad credit standing, even if he borrowed money from the above victim, he did not have the intention or ability to repay it.
Nevertheless, the Defendant: (a) by deceiving the said victim; (b) transferred KRW 4 million to the G bank account in the above F on October 20, 2015 from the said victim; (c) received KRW 10 million in cash around October 22, 2015; and (d) obtained KRW 2.5 million in cash around October 27, 2015, respectively.
2. On June 2015, the Defendant committed the crime against the victim D and I will take up 10% of the profits of the Corporation as follows: (a) at the influent land located in Busan around Busan, the said victims “influence the construction of new construction after removing the telecom in J; and (b) if investing in 20 million won, the remainder will be borne by the victims; and (c) at the expense of 10% of the profits of the Corporation.
“.......”
However, in fact, the defendant extended 50 million won to K for the reconstruction of Jel, but did not have the ability to prepare money. Therefore, the re-building of the telecom from the beginning.