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A defendant shall be punished by imprisonment for not less than eight 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
From around 1998, the Defendant came to know of the Victim C, a Dong Ne resident, and became aware of the Victim D around 2004 and the Victim E around 2005.
1. On October 6, 2008, the victim C made a false statement to the effect that “The victim would immediately lend money to the victim, five million won, as it is necessary to pay money.”
However, at the time, the Defendant had a debt amounting to KRW 50 million, and even if the Defendant borrowed money from the victim due to no special property or income, the Defendant did not have the ability to repay it, and the Defendant could have sufficiently predicted it.
As above, the defendant deceivings the victim as above, and obtained 5 million won from the victim's position in that place, and acquired it by fraud.
2. On August 15, 2008, the victim D made a false statement to the effect that “I wish to pay money to the victim, if I lend KRW 10,000,000,000,000 to the G cafeteria located in Busan, Busan, and I wish to pay money to the victim.”
However, at the time, the Defendant had a debt amounting to KRW 50 million, and even if the Defendant borrowed money from the victim due to no special property or income, the Defendant did not have the ability to repay it, and the Defendant could have sufficiently predicted it.
As above, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim in the same place and acquired it by deception.
3. Around October 2008, the victim E stated that “a hospital expenses is required and one million won is loaned, and if there is no money, the precious metal is also lent, and if there is no money, the victim E would return it again after leaving the precious metal to the pawnpo and borrowing one million won.”
However, in fact, at the time, the defendant was liable for the debt borrowed from the branch, and there was no special property or income from the victim.