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Defendant shall be punished by a fine of KRW 7,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The Defendant obtained an indefinite revenue while running a credit business without any special property, and instead, at the time, was under circumstances that the Defendant borrowed a vehicle owned by the Defendant from the lending company as collateral at the time of the lending company, and was unable to pay interest for the two months following the loan of 6 million won, so even if the Defendant borrowed money from the victim C even though he did not have the intent or ability to repay it, the Defendant was able to obtain the money from the victim by taking account of the fact that the university students did not have the social experience at the time when he did not have the intent or ability to pay it, while living together with the victim, by taking account of these circumstances of the victim, he was living together with the victim.
On February 18, 2013, the Defendant made a false statement to the effect that “The Defendant would repay the principal and interest without a mold if only the name of the loan is lent in lieu of the name of the loan in order to obtain a loan with low interest rate” from the victim’s house located in Gwangju Northern-gu.
The Defendant, by deceiving the victim as such, received KRW 8 million from the victim to transfer the loan from the Savings Bank on the 18th of the same month, and received KRW 4 million from the Hyundai Savings Bank on the 19th of the same month.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement to C by the police;
1. The defendant and his/her defense counsel asserted that the defendant and his/her defense counsel had the intent or ability to pay the money when he/she borrowed the money from the victim.
However, according to the evidence duly adopted and examined by this court, the following facts can be acknowledged.
① At the time when the Defendant borrowed money from the victim, the Defendant stated that the Defendant was running a credit business, and that it would know how much a monthly revenue would be available to the investigation agency, and that the Defendant was 1 million won or more, 3 to 4 million won, and even according to the details of passbook transactions submitted by the Defendant, the Defendant deposited money of at least one million won each month.
(2)