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Defendant shall be punished by imprisonment for a term of one year and six months.
Reasons
Punishment of the crime
around May 7, 2017, the Defendant stated that “Around May 7, 2017, the Defendant would sell the principal and interest of the Plaintiff by remodelling the gas station to the effect that “Around the time it was operating the gas station in various places, such as potent and malju,” the Defendant was making a false representation to the effect that “I would return the principal and interest of the gas station to the Plaintiff by selling the gas station by remodeling the gas station after two months.”
However, in fact, the Defendant did not create profits by operating a gas station in many places, or by resale after remodeling the gas station. Even if the Defendant borrowed money from the victim due to lack of any other financial resources, it was intended to use it as personal debt or living expenses of the Defendant, and there was no intention or ability to pay the principal and interest agreed upon by the victim.
On May 8, 2017, the Defendant, by deceiving the victim as above, received 8 million won from the victim with the E account under the name of the Defendant, such as the borrowed money, from the victim, from the time to August 18, 2017, and acquired 22.8 million won in total by remitting or paying 10 times from August 18, 2017.
"2019 Highest 8346"
1. Around July 12, 2018, the Defendant: (a) called “a victim G who was aware of the usual level from Gyeyang-gu Incheon Gyeyang-gu, Incheon, to purchase a friendly passenger car; (b) borrowed KRW 50 million; and (c) the Defendant sold the external car equivalent to KRW 200 million at the market price of the Plaintiff and repaid it to the end of August 2018.”
However, the Defendant did not own the external vehicles at the time, and was thought to use the vehicle purchased from the victim for repayment of his personal debt, and there was no particular revenue or property, and there was no intention or ability to repay 5 million won to the victim until the end of August 2018.
Nevertheless, the Defendant is the victim as above.