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A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
[2014 Highest 3529] On September 4, 2012, the Defendant stated that “E” office operated by the victim D in Kimhae-si, Kim Jong-si, the Defendant would repay money to the victim within his own name with interest if he borrowed money from the company located in the port of registry to the company in the port of registry because he can get profits if he sold the goods with the goods with the goods purchased in the port of registry.”
However, in fact, it was thought that he/she would have repaid his/her personal debt with the borrowed money from the victim, and even if he/she borrowed money from the victim due to the bankruptcy of the company operated at the time, he/she did not have the intent and ability to repay the money.
Nevertheless, the Defendant, as seen above, made a false statement to the victim and obtained 20 million won from the victim in cash as the borrowed money from the seat.
[2015 Highest 2786]
1. Crimes related to victim F;
A. A. Around August 24, 2011, the defrauded stated that “A business fund is necessary for Posco and Hyundai Steel” shall be repaid to the victim by September 16, 2011, when the Defendant borrowed KRW 50 million.”
However, as above, the Defendant did not have entered into a contract to operate a business related to scocona or modern iron, and it was not clear whether it is possible to enter into such contract. Therefore, even if the Defendant borrowed money from the victim, the Defendant did not have the intent and ability to repay the money on the agreed date.
The Defendant, as above, was accused of the victim and was given KRW 50 million from the victim on the same day.
B. On September 28, 201, the Defendant forged private documents: (a) requested the Defendant to pay KRW 50 million from the said F at the Defendant’s residence located in Changwon-si, Changwon-si I apartment-type 402; (b) in order to extend the due date for payment, the Defendant written title in the paper as “written inspection color writing” and “amount: 185,000,000.