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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2013 Highest 463] On March 2013, the Defendant stated that “The Defendant would pay the principal and interest 4-5 million won more than 40 million won after 40 days if he/she lent 25 million won to the victim D when he/she was in need of five female employees necessary for the operation of multiple houses.”
However, in fact, the Defendant did not have the intent or ability to use the money borrowed from the victim for the acquisition of female employees. At the time, the Defendant had the obligation to pay KRW 200 million, and there was no intention or ability to pay the money within the due date, even if the Defendant borrowed money from the victim each month.
On March 19, 2013, the Defendant received KRW 15 million from the victim to the account in the name of the Defendant E on March 19, 2013, and received KRW 25 million in total on two occasions, such as remittance of KRW 15 million to the same account on April 3, 2013.
Accordingly, the defendant was given property by deceiving the victim.
[2013dan535] Around February 7, 2012, the Defendant stated that “The Defendant shall pay the victim F with the bonds paid at least one million won per month, and if he/she borrowed money, he/she shall pay the loan to the victim F with the funds that he/she will receive and repay the deposit of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of
However, the Defendant paid 400,000 won (one million won per month) to the principal and interest of bonds. Since the above Cda operated by the Defendant was in a state of deficit each month, the Defendant did not have any intent or ability to complete payment even if he borrowed money from the victim.
The Defendant received KRW 5 million from the victim to the account in the name of the Defendant and received KRW 80 million in total from 16 times until September 15, 2012, as shown in the annexed crime list, as well as from September 15, 2012.
In this respect, the defendant deceivings the victim to take property.