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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. On June 28, 2018, the Defendant borrowed the loan for construction price in Seo-gu Incheon, Seo-gu, Seo-gu, Incheon, that “The Defendant is doing construction to open the car page “E” in Seo-gu Incheon, Seo-gu, Incheon. However, it was false to the effect that “The Defendant will pay the victim KRW 10,000 after two weeks if it is urgently needed to pay the construction price.”
However, the defendant, without any particular property or funds, was planning to open the car page by borrowing money from a third party, including the victim, and there was no certain amount of income at the time. Therefore, the defendant did not have the intent or ability to repay the borrowed money within two weeks as promised to do so, since he merely borrowed money from the victim to consume it due to the defendant's living expenses, repayment of existing debts, etc.
Nevertheless, the Defendant, by deceiving the victim as above, borrowed KRW 22 million in total without any intent and ability to repay over four times from around that time to around November 5 of the same year, as shown in the attached crime list, and acquired it by deceiving the victim through the G Bank account (Account Number: H) in the name of F on the same day from the victim.
2. On July 24, 2018, the Defendant borrowed a loan under the name of the Seoul Special Metropolitan City Nowon-gu I carpet business loan, saying, at the “K” coffee shop located in the Seo-gu Incheon Seo-gu, Seo-gu, Incheon, “The Defendant opened and operated the “E” carpet in the Seoul Special Metropolitan City L shop located in the party, Nowon-gu, Seoul, and divided profits therefrom. If the Defendant borrowed KRW 15 million from the loan of KRW 25 million, the Defendant will use it as a carpet and opening business loan, and repay it by January 24, 2019.”
However, as described in paragraph 1, the defendant thought that he will take up a car page by borrowing money from another person without any property or funds, and there was no certain income.