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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
The Defendant is a person who actually operated the “L golf cream” in the 504 and 506 of the Kacheon-si Seoul Special Metropolitan City K Building.
1. Around March 7, 2013, the Defendant made a false statement to the effect that “If the Defendant lends KRW 30 million to the victim M within the said LFC office operated by himself/herself, the principal will be repaid within one month, and if the principal is not repaid, he/she will transfer the ownership of one of BMW520d vehicle.” In addition, the Defendant would offer three of the golf-based machinery owned as security for the said loan.”
However, the Defendant had no particular asset at the time, and even if operating the said screen golf business, it was difficult to pay rent or management fee early. Since the Defendant continued to lend money to N, etc. or the Defendant was over KRW 200 million, the Defendant did not have the ability to repay the money within one month even if he borrowed money from the victim, and the said business store also borrowed money from a relative, etc. without his own capital. Therefore, even if the Defendant did not pay the money to the victim, there was no intent to transfer the ownership of the said golf machine normally.
Nevertheless, around March 8, 2013, the Defendant, by deceiving the victim as above, received KRW 30 million from the victim to the Agricultural Cooperative Account in the name of the Defendant and acquired it by fraud.
2. On March 20, 2013, at the same place as above 1.3.20, the Defendant: “If the Defendant additionally lent KRW 50 million in cash to the victim, he/she will transfer ownership of KRW 135 million in the market price to the victim within 15 days from the date of loan; if the ownership cannot be transferred, he/she will repay the principal within one month; and if he/she will offer the security deposit of KRW 50 million in the screen golf business place he/she operates as security, he/she will offer three golf-related machinery.”