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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[2015 Highest 2265] In operating a restaurant, the Defendant did not have any interest other than monthly income of 1 million won, her husband’s monthly income of 1 million won, and her husband’s monthly income of 600-70 million won or more, and the Defendant’s personal liability of 30 million to 4 million won or more each month, and there is no intention or ability to complete payment even if she borrowed money from others.
1. Around March 30, 2009, the defrauded of the Victim C made a false statement to the effect that “The Victim C will receive construction cost from the victim if the Defendant was to use it for the repayment of the existing obligation,” even though it was thought that it was to use it for the repayment of the existing obligation, that the Defendant would have received the payment of the construction cost if the Defendant borrowed money for the following construction cost and personnel cost due to the lack of construction cost.”
The Defendant, as above, by deceiving the victim, received KRW 3 million from the victim, KRW 10 million on the same day, KRW 10 million on September 27, 2010, and KRW 23 million on December 3, 201 of the same year.
2. On April 7, 2010, the criminal defendant against the victim F made a false statement to the victim that he/she was able to use the victim's house in Ansan-gu, Ansan-si G, Ansan-si, and that he/she would be able to repay the existing debt, even if he/she was aware that he/she was able to use it for the repayment of the existing debt, and that he/she would be able to repay the amount if he/she was to receive the fraternity on or around December 30,
As above, the Defendant, by deceiving the victim as above, was given KRW 5 million from the victim as the borrowed money on the same day.
The Defendant received a total of KRW 53 million from around that time to November 12, 201, as shown in the list of crimes in attached Table, on a total of five occasions, as shown in the list of crimes.
3. On December 3, 2010, the Defendant against the victim H calls the victim to the extent that the fact was likely to be used to repay the existing debt, but the victim was the president of the construction business, and labor cost was not paid due to the failure to receive construction cost.
When lending KRW 20 million, the interest of KRW 4,000 shall be paid monthly.