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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
Of August 2015, the Defendant “2017 Highest 1814, the Defendant borrowed money from the victim D and received interest on 10 minutes per month from the victim D at the restaurant operated by the Defendant in Kim Jong-si, Kim Jong-si, and the principal would return money to the victim D on December 31, 2016.
However, in fact, the Defendant had a debt equivalent to KRW 60 million at the time, and even if he received money from the injured party, he had the intent to use it to pay the principal and interest of the Defendant’s personal debt, so there was no intention or ability to pay the interest of KRW 10 per month to the injured party, and there was no intention or ability to return the principal to the agreed maturity date.
As such, the Defendant, by deceiving the victim, received a total of KRW 45 million from the victim on December 21, 2015, KRW 14 million, KRW 18 million on February 12, 2016, and KRW 13.5 million on April 5, 2016, and acquired it through the Defendant’s veterinary cooperation account (E).
On April 21, 2017, the Defendant stated that “Around G hospital located in Kim Jong-si, Kim Jong-si, 2017, the Defendant provided that “Adembs in the UK need to pay money to the victim H by his/her husband and wife in his/her possession until August 28, 2017,” if he/she lent seven million won to the G hospital.”
However, in fact, at the time, the defendant had the purpose of using the personal debt at KRW 100 million to repay the above debt, and there was no other intent or ability to repay the debt by the due date because there was no property.
Nevertheless, the defendant deceivings the victim as above, and took over 7 million won from the victim to the post office account in the name of the defendant on the same day.
"2018 Highest 143"
1. On December 30, 2016, the Defendant loaned KRW 10 million to the victim I in a restaurant operated by the Defendant in Kim Jong-si on December 30, 2016.
In addition, if the credit card is to pay 5 million won, this money shall be repaid within one month.