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A defendant shall be punished by imprisonment for six 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
1. On February 28, 2014, around February 28, 2014, the Defendant made a false statement to the effect that the Defendant would pay the principal and interest of KRW 2 million within ten (100,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won.
However, the Defendant did not intend to use the above borrowed money as land purchase fund, and used it for the creditor E and F to repay debts, or used it as C’s office operation fund, etc., and the Defendant had no intention or ability to repay the principal and interest within 10 days since the Defendant had been performing another person’s obligation with borrowed money at the time (i.e., the Defendant had been in existence at the time, and thus did not have any intention or ability to repay the principal and interest within 10
The Defendant, as above, by deceiving the victim, received KRW 50 million from the victim as the loan money around February 28, 2014.
2. Around March 19, 2014, the defrauded made a false statement to the effect that “Around March 19, 2014, the Defendant borrowed money from the Defendant’s passenger car parked in the Dong-gu, Seosan-gu, Seosan-si to the effect that “I would immediately repay the money by lending money to the victim that “I would not have any bid bond, so I would have to pay the bid bond.”
However, the Defendant did not intend to use the above borrowed money as a bid bond, and the Defendant thought to use it for debt repayment to E, a creditor, and the Defendant had been performing another person’s obligation with borrowed money at the time, and thus, there was no intention or ability to repay the borrowed money immediately.
As above, the Defendant deceivings the victim as above, and up to 20 million won from the victim as the borrowed money around March 19, 2014.