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A defendant shall be punished by imprisonment for four 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
"2014 Highest 2517"
1. On February 12, 2009, the Defendant: (a) called the victim with no intent or ability to repay money even if he/she borrowed money from the victim B (hereinafter referred to as 48 years of age); and (b) called the victim to pay money within seven (7) days if he/she borrowed money from his/her children’s school expenses; and (c) received money from the victim as 2,00,000,000 from the victim for the purpose of borrowing money.
2. On February 23, 2009, the Defendant called the victim with no intent or ability to repay money even if he/she borrowed money from the victim, and then called the victim to “to repay money in addition to the children’s school expenses if he/she lends money in addition to KRW 1,00,000,000.” The Defendant received from the victim a remittance of KRW 1,00,000 as the borrowed money.
3. On March 2, 2009, the Defendant called the victim with no intent or ability to repay money even if he/she borrowed money from the victim, and called the victim to pay money more than KRW 1,500,000 if he/she additionally lends money to his/her children’s school expenses. The Defendant received KRW 1,500,000 from the victim as the borrowed money.
Accordingly, the Defendant, by deceiving the victim as above, received a total of KRW 4,500,000 from the victim three times as a loan.
"2014 Highest 3561"
1. On September 2008, the Defendant received KRW 3,00,000,00 from the victim as a loan, even if he/she borrowed money from the victim’s residence in Yangyang-si, Yangyang-si, Yangyang-si, 200, the Defendant did not have an intent or ability to repay the money, and even if he/she borrowed money from the victim, he/she did not have an intention or ability to repay it, the Defendant would pay the money to the victim within one month.
2. The defendant on November 25, 2008, at the place of the above Paragraph 1 above, "inland 2-3."