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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
The Defendant, who operates a trade name “B”, suffered a total of KRW 300 million financial loss by borrowing money from another person to compensate for such loss. Around August 2005, the Defendant suffered a total of KRW 300 million financial loss by investing most of the money owned by himself/herself in stocks, and by borrowing money from another person to compensate for such loss.
On March 2006, the Defendant’s property was 80 million won or more for the said “B,” and the Defendant’s debt was 80 million won or more borrowed from C on or around January 2006 for the investment in stocks, 16.8 million won borrowed from D, 7.75 million won with foreign exchange card payment, and 7.7 million won and 7.7 million won at the time of borrowing money, the Defendant did not have any intention or ability to repay the money.
1. On March 2006, the Defendant concluded that “The Defendant lent KRW 60,00,000,000 for business needs,” by telephone conversations, to the victim D (VV) who was in the middle of 2006, would have to pay the principal without molding after the second month.”
The Defendant received 60 million won from the victim to the bank account (E) in the name of the Defendant on the 22th day of the same month.
2. On March 2006, the Defendant concluded that “Around the end of the month, the Defendant borrowed KRW 60,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won were to be paid to the victim through telephone conversations.” The principal
The Defendant received 60 million won from the victim to the above account on April 4, 2006.
3. On April 2006, the Defendant made a false statement to the Defendant that “The amount of KRW 100 million is urgently needed, and the amount that is expected to be a contract to increase and pay to B shall be paid immediately after having been sold to B,” by telephone communications with the Defendant.
In fact, the Defendant requested a real estate broker to mediate “B” from July 2005, but there was almost no transaction due to the market’s depression.
The defendant belongs to this.