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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
[Criminal record] On August 30, 2013, the Defendant was sentenced to a suspended sentence of one year and six months for fraud at the Gwangju District Court, and the judgment became final and conclusive on September 7, 2013.
[Criminal facts] [2017 Highest 5364]
1. The Defendant, around April 2012, at the victim D’s office located in Gwangju-gu, Seo-gu, Gwangju, would lend “1 million won” to the victim later.
A false statement was made.
However, at the time of this fact, the Defendant did not have any intent or ability to repay, even if he borrowed money from 10 other victims from August 26, 2009 to August 10, 201, because the money acquired by the Defendant from 10 other victims was 715.8 billion won or more, while doing so, the Defendant did not have any intent or ability to repay, without any property, the obligation arising from loans and bonds, while doing so.
Nevertheless, he/she shall, however, receive from the injured party one million won around April 30, 2012, two million won around May 4, 2012, and three million won in total, from the accused to the Agricultural Cooperative Account (G) in the name of the limited company F operated by the Defendant;
2. On May 11, 2012, in the office of the victim located in Seo-gu in Gwangju-gu, Gwangju-gu, the victim shall be paid back to the month after the loan of KRW 10 million,00,000,000,000,000,000,000,000,000,000,000,000 won to be provided as security for vehicles
If the vehicle is not repaid, he/she shall have the vehicle with each other to give up the vehicle.
“A false representation was made.”
However, at the time, the defendant had no intention or ability to pay the borrowed money, and did not provide the victim with the vehicle as security.
Nevertheless, it received from the injured party the remittance of KRW 1 million around May 11, 2012, KRW 9 million around May 14, 2012, and KRW 10 million in total from May 14, 2012, and KRW 10 million to the said Agricultural Cooperative Account.
[2017 Highest 5429]
1. On June 201, the Defendant would give a victim I an investment of KRW 40 million in the amount of KRW 18,000,000, in a limited liability company F office operated by the Defendant in the Nam-gu Seoul metropolitan area, the Defendant would be 5% of the interest.