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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
【2017 High Order 83】 On August 23, 2010, the Defendant made a false statement to the effect that “The Defendant would repay the profits to the fishery by attaching a high interest on the loan of money to the victim at a non-permanent place (hereinafter referred to as the “Seoul Young-gun”).”
However, the Defendant had been in excess of 10 million won at the time of the previous obligation, and the Defendant did not have any ability or intent to repay the amount, even if she borrowed money from the damaged party, as the remaining profits have almost no longer been accumulated if excluding the expenses such as oil rain while running the fishery business.
Nevertheless, the Defendant deceiving the victim as above and received KRW 2,550,00 from the victim’s account in the name of the Defendant E on the same day from the victim, and from that time, the Defendant knew the victim by the aforementioned method 18 times in total from January 25, 201, and acquired KRW 26,95,300 from the victim’s family account or by receiving KRW 26,95,300 from the victim’s family account in cash.
[2017 Highest 95] On February 15, 2009, the Defendant made a false statement to the effect that “The Defendant would lend money to the victim G at the Defendant’s residence located in the Young-gu Seoul Special Metropolitan City F.”
However, at the time, the Defendant had an existing obligation in excess of KRW 90 million and KRW 100 million, and even if running the fishery, the Defendant did not have any intent or ability to repay the obligation even if she borrowed money from the injured party because there was almost little amount of profit to exclude the costs of oil, etc. from the cost of operating the fishery.
Nevertheless, the defendant deceivings the victim as above and received 2.5 million won in cash from the victim on the same day, and in such a way, the victim is accordingly.