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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
1. Fraud to E (2012 highest 1351);
A. On November 28, 2008, the fraud Defendant stated on November 28, 2008, “G Child Care Center” in the “G Child Care Center” in the operation of Gangseo-gun F of Gangseo-gun on Nov. 28, 2008, that “I wish to lend money to the family of the military unit of the military unit of the military. The family members of the military unit are good credit, but there is no concern that I will be detached. The military unit will lend money to them. When I lend money to the author, I will receive interest with a thickness of the president, and the principal will be repaid in return after 3-4 months.”
However, even if the defendant borrowed money from the victim, he thought that it will be used for personal purposes, such as the defendant's stock investment, etc., so there was no intention to lend money to the family members of the military unit living in Ycheon, and there was no intention or ability to repay the above money in excess of the debt without any particular property at the time.
As such, the Defendant, by deceiving the victim, received cash 4,850,000 won from the victim in the same place as the borrowed money.
B. On April 13, 2009, the Defendant stated on April 13, 2009 that “If the Defendant lends the money to the family members of the military unit living in Ycheon to the Defendant, he shall receive the interest from the Defendant, with a thickness of 3-4 months, and the principal shall be repaid after receiving payment after 3-4 months.”
However, even if the defendant borrowed money from the victim, he was thought to use it for personal purposes, such as the defendant's stock investment, etc., so there was no intention to lend money to the family members of the military unit in Ycheon, and there was no intention or ability to repay the above money in excess of the debt without any particular property at the time.
The defendant deceivings the victim as such, and receives five million won from the victim to the Agricultural Cooperative Account under the name of the defendant for the purpose of borrowing money.