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Defendant shall be punished by a fine of KRW 5,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
1. On March 15, 2010, the Defendant stated to the effect that “The Defendant borrowed money to the victim D that it is expected to withstanding the car trade and pay the card price or telephone fee.” The Defendant borrowed money to the vehicle trading center in Songpa-gu Seoul, Songpa-gu, Seoul, to the effect that “The Defendant would pay the money borrowed as it receives the profit because there is any money being invested in the vehicle trading center.”
However, at the time, the Defendant did not have any property other than the income equivalent to KRW 2,00,000 per month, while he was liable for a debt worth KRW 20,000,000 in bad credit standing. Since it was difficult for the Defendant to recover the profits from the investment in the automobile trading center, the Defendant did not have any intent or ability to repay the money even if he borrowed money from the victim.
Nevertheless, the Defendant received 2,500,000 won from the post office located in Songpa-gu Seoul Metropolitan Government locked-dong as the borrowed money on the same day from the victim.
2. On April 1, 2010, the Defendant stated that “The Defendant shall pay a card price and mobile phone fee to the victim D” at the diving-dong, Songpa-gu, Seoul, Songpa-gu, Seoul, stating to the effect that “The Defendant would pay the victim with the money invested in the vehicle trading center where he/she works in Korea, because he/she has invested, he/she would receive the money.”
However, at the time, the Defendant did not have any property other than the income equivalent to KRW 2,00,000 per month, while he was liable for a debt worth KRW 20,000,000 in bad credit standing. Since it was difficult for the Defendant to recover the profits from the investment in the automobile trading center, the Defendant did not have any intent or ability to repay the money even if he borrowed money from the victim.
Nevertheless, the Defendant was granted KRW 5,00,000 from the locking point of Korea Bank located in Songpa-gu Seoul Metropolitan Government on the same day from the victim’s above false statement as the borrowed money.