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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[2012 Highest 8169] The Defendant did not have any intent or ability to repay money from another person, even if he/she borrowed money from another person due to lack of certain income as a bad credit holder.
Nevertheless, on August 15, 2009, the Defendant made a false statement to the Seoul Mapo B Apartment Model Co., Ltd. that “If the Defendant lends money to the victim C as he/she would be able to collect money, he/she will pay interest and principal without a framework within two months.”
The Defendant, on August 15, 2009, transferred KRW 24,100,00 from the time when he was transferred to the Agricultural Cooperative Account (Account Number E) in the name of borrowed money to October 22, 2009, and acquired the money under the name of borrowing KRW 24,10,000 in total eight times as shown in the list of crimes in the attached Table.
[2012 Highest 8823] The Defendant did not have a certain amount of income in bad credit standing. At the time, the Defendant did not have any intent or ability to repay even if he borrowed money from another person in excess of 70 million won.
Nevertheless,
1. On August 10, 2008, the Defendant concluded that “A cafeteria business is conducted in YY and there is insufficient money to purchase materials” with the victim F at a restaurant where the trade name in the breast-gu Seoul, Gangnam-gu, Seoul is unknown. When lending money, the Defendant would receive construction expenses and repay it within one month.”
The defendant was transferred from the victim to G and the head of Tong in the name of G and D for the same day as the loan money.
2. On August 19, 2009, the Defendant stated that “The construction cost is insufficient. If the Defendant borrowed money at this time, he/she will also repay the money to the money borrowed at a low time” at the sales office where the trade name in Seongbuk-gu Seoul Metropolitan Government is unknown.
The Defendant received 10 million won from the victim to the passbook in the name of H in the name of the same day as the loan money.
In this respect, the defendant received the total sum of 20 million won from the victim two times, and acquired it by fraud.
Summary of Evidence
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