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A defendant shall be punished by imprisonment for seven years.
Reasons
Punishment of the crime
On August 2013, the Defendant: (a) purchased an excessive work from the victim D (Woo, 43 years of age) who was a Cheongbuco or working in the Taekwondo Association; (b) had access to the purchase of the excessive work from the victim D (Woo, 43 years of age); and (c) had a large number of real estate properties, such as apartment and land, to the victim; (d) had a far distance between the victim and his family members; (b) had been prepared for divorce; (c) had been married with the victim; and (d) had been able to acquire pecuniary benefits, such as money, from the victim.
1. On September 17, 2013, the Defendant stated that “F” located in the Daegu Northern-gu E region should be placed in a coffee, and that “F would be paid at the same KRW 2 billion upon completion of a tax investigation, if the Defendant had no money, but has lent money to the victim,” the Defendant would be paid at the same KRW 2 billion upon completion of the tax investigation.
However, in fact, the Defendant did not have any particular property at that time and received approximately KRW 3 million from the Taekwondo Association once every two to three months of the income, and did not have any property or business entity that may receive a tax investigation, and did not have any circumstance to pay KRW 2 billion. As such, the Defendant was only in mind to acquire money by deceiving the victim from the beginning. Thus, even if the Defendant borrowed money from the victim, the Defendant did not have any intent or ability to repay the borrowed money.
The defendant deceivings the victim as above and received cash of KRW 1,00,000 from the victim on the same day on the same day.
In addition, the Defendant, like this, from the time to June 9, 2017, received money from 183 times from the beginning, from that time as shown in the attached Table 1 list of crimes. Thus, even if the Defendant borrowed money from the damaged party, he/she does not have the intent or ability to repay the borrowed money, or is paid money from the injured party, he/she shall pay the money.