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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
1. On July 30, 2012, the Defendant stated to the effect that “The Defendant would complete payment within one month upon the request of the Defendant, at the New Chang Chang-si Doo 300-10, the Defendant loaned the Victim C with the amount of KRW 10,000,000,000,000,000,000,000 won, due to the shortage of money to give medical care.”
However, the Defendant did not have any intent or ability to repay the amount in time, even if he borrowed money from the victim, since the Defendant had not been relieved of the enemy, such as the Medical Care Center, which was operated at the time with no other property or a debt of about KRW 100 million without any specific income.
Nevertheless, the Defendant made a false statement to the victim, and acquired the money from the victim to the agricultural bank account in the name of the Defendant on the same day as the money borrowed from the victim.
2. On August 30, 2007, the Defendant stated to the effect that “The Defendant shall lend KRW 5 million to the victim D to use for new costs, etc. of the Evalescent hospital. It shall be immediately repaid upon the request of repayment.”
However, the Defendant did not have any intent or ability to repay the amount in time, even if he borrowed money from the victim, since the Defendant had not been relieved of the enemy, such as the Medical Care Center, which was operated at the time with no other property or a debt of about KRW 100 million without any specific income.
Nevertheless, as above, the Defendant, as the victim’s false statement, received five million won as loan money from the victim on the same day on the same day, by deceiving the victim to the same effect 27 times in total, such as the statement in the attached crime list, and acquired 52,88,780 won in total from the victim as loan money.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. C. D.