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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. On May 26, 2010, the Defendant borrowed money from the victim E, and the fact was that, even if the Defendant borrowed money from the victim E, the Defendant did not have any intent or ability to return the amount paid or borrowed to the victim because the financial condition of the Defendant’s company at the time was not good and there was no particular property, and thus, the Defendant acquired 26 million won by phone call from the victim to the victim that “the interest of 5% per month shall be deposited on the 5th day of each month if he/she is in charge of the money.” The Defendant acquired 10 million won on the same day from the victim on the same day, May 27, 2010; 3 million won on August 3, 2010; 7 million won on August 3, 3010; 6 million won on April 15, 2011.
2. On October 1, 2010, the Defendant: (a) on the ground of the foregoing paragraph 1; (b) on the ground that the Defendant did not intend or have the intent to return the interest paid or borrowed to the Victim F on the ground of the foregoing paragraph 1; (c) on the part of the victim, the Defendant made a false statement to the victim that “it is difficult to operate in the country; (d) 500,000 won per month for interest; and (c) was transferred from the victim to the Defendant’s new bank account, and acquired it by fraud.
3.(a)
On January 1, 2011, the Defendant made a false statement to the victim G, stating that “The Defendant did not have any intent or ability to return interest or borrowed money to the victim G for the same reason as the foregoing 1.” The Defendant received 4.5 million won from the victim to the Defendant’s new bank account on March 14, 2011, including interest after one year if he/she borrowed 3 million won or more because he/she was required to pay the money.” The Defendant received the money from the victim to the Defendant’s new bank account.
B. The Defendant paid or borrowed interest to the victim G on March 24, 201, while the Defendant paid or borrowed interest to the victim G on the same ground as the foregoing 1.