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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[2012 Highest 6307] The Defendant received money from the victim C as a loan for the substitute payment of the school life insurance premium, paid the principal originally promised through several times and paid interest of 1.8% or 2% on several occasions in order to raise the cumulative amount received from the victim to acquire more money than the cumulative amount received from the victim gradually.
Accordingly, at the defendant's office located in Gangnam-gu Seoul Metropolitan Government on May 1, 2010, the defendant made a false statement to the effect that "the defendant will pay the insurance premium for domestic school life to the victim through the branch E. When he/she borrowed money, he/she will pay the insurance premium in lieu of the insurance solicitor and pay interest of 1.8% to the principal immediately after he/she received the payment from the insurance solicitor."
However, at the time, the Defendant was planned to use the money received from the victim to engage in the bond business, and did not perform the premium payment business with the money received from the victim, but did not have any particular property or income, so there was no intention or ability to pay the money even if he borrowed money from the victim.
Around June 25, 2010, the Defendant: (a) by deceiving the victim; (b) received 14 million won from the victim to the Cit Bank account in the name of the Defendant F; and (c) obtained money from May 19, 2010 to October 18, 2010 to the Kit Bank account in the name of the Defendant from May 19, 2010 to the Kit Bank account in the name of the Defendant; and (d) received 360,7650,000 won in total from May 26, 2010 to the Kit Bank account in the name of the said Cit Bank account and the name of the Defendant; and (e) obtained money by defrauding 12,4630,000 won in total as principal and interest for the said money.
[2013Kadan856] On February 1, 2011, the Defendant called the victim G at the office of the Defendant located in Gangnam-gu Seoul Metropolitan Government D, and called the victim G to pay the credit card price to the victim.
The interest equivalent to 10% of the principal shall be paid within the margin of the loan of money.