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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
1. On August 23, 2012, the defrauded concluded that “Around August 22, 2012, the Defendant borrowed KRW 20 million to the victim D” at around Songpa-gu Seoul, Songpa-gu, Seoul, with the rate of 25% per annum, to complete payment after one year.”
However, the Defendant had lost the volume of KRW 1 billion with stocks since before he borrowed money from the victim of the fact. The above shares included KRW 800 million from his wife, even if he disposed of the Defendant’s property, the Defendant used it as a repayment of the above obligation, and the Defendant was planned to use the money borrowed from the victim for a share investment, so even if he received the said money from the victim, there was no intention or ability to pay the said money after one year.
Around August 23, 2012, the Defendant, by deceiving the victim as above, received KRW 19.5 million from the victim to the new bank account in the name of the Defendant from the victim and acquired it by defrauded.
2. On August 2013, 2013, the Defendant: (a) concluded that the Defendant would lend the said victim the interest of KRW 10 million to the said victim at KRW 25% per annum; and (b) subsequently, he/she would repay the said interest after one year.
However, as stated in the above 1. The Defendant lost all of the money with stock investment, and as such, the Defendant did not have any intent or ability to pay the said money more than a year, even if he borrowed the money from the damaged party as he was planned to use the said money for the stock investment.
Around August 22, 2013, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the new bank account in the name of the Defendant from the victim, and acquired it by deceiving the victim.
3. On August 6, 2015, when the Defendant came to know on June 2015, the Defendant created a right to collateral security with a maximum amount of claims KRW 30 million against E, F, and ground buildings, when the Defendant was deadly owned by the Defendant, on June 24, 2015, in order to demand reimbursement from the injured party by failing to repay the said KRW 1 and 2 until June 2015, the Defendant set up a right to collateral security with a maximum amount of claims KRW 30 million against E, F, and ground buildings.
The Defendant, on August 6, 2015, has Sungnam-si.