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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. Victims B;
A. On November 2, 2011, the Defendant made a false statement to the effect that “D discounted horse” operated by the victim B in Gyeyang-gu, Gyeyang-gu, Seoyang-gu, the Defendant sent to the victim one million won per month his wife’s daily living expenses as he resides in New Zealand. However, the former wife, in New Zealand, intending to become the wind to be caused by a mistake in providing a local guarantee to the local person in New Zealand, and thereby be subject to fraud. After one week, the Defendant immediately borrowed 15 million won in full payment.”
However, there was no previous wife residing in New Zealand or who was guilty of fraud, and there was no plan to escape 10 million won. The Defendant did not have any other property or income as a bad credit holder, and even if he borrowed money from the victim due to considerable personal debts, there was no intention or ability to repay it.
As such, the Defendant, by deceiving the victim, received 15 million won in total from the Korean bank under the pretext of the borrowed money from the victim.
B. On November 22, 2011, the Defendant made a false statement to the effect that “The Defendant shall send 10 million won to New Zealand. If the Defendant applied for a loan of 300 million won to the National Bank as security at a place, such as the preceding paragraph, at the same time as before and after November 22, 2011, he/she would pay 25 million won including the existing loan, if he/she borrowed money.”
However, there was no money to be sent to New Zealand, and there was no land or loan application, and the defendant did not have any other property or income as a bad credit holder, and even if he borrowed money from the victim due to considerable personal debts, there was no intention or ability to repay it.
The Defendant, as such, by deceiving the victim, received KRW 10 million from the victim to the deposit account in the name of E, which is referred to as the Defendant’s borrowing money.
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