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A defendant shall be punished by imprisonment for a term of one year and two months.
The defendant shall pay 15,00,000 won to an applicant for compensation and this.
Reasons
Punishment of the crime
"2016 Highest 458"
1. On May 2015, the Defendant concluded a false statement to the effect that “The Defendant would faithfully pay the fraternity money after receiving the first prize in the sequence from the Busan and lower end on August 2015, 2015, after the victim D joined the successful bid system in which he/she is a leading state.”
However, in fact, the defendant was unable to pay the fraternity money properly in the limit operated by the defendant as the owner at the time, and the defendant has a debt equivalent to KRW 200 million, and he was admitted to the successful bid system operated by another person for the repayment of the debt, and thus, he was unable to return the fraternity money by receiving the successful bid or lending money from another person, and thus, he did not have the intent or ability to pay the fraternity money normally even if he received the successful bid from
Around August 17, 2015, the Defendant, by deceiving the victim, received KRW 19,742,00 from the Defendant’s agricultural bank account in the name of the Defendant.
2. Fraud of a loan;
A. On August 18, 2015, the Defendant called the above victim on a fluoral land not exceeding Busan, and made a false statement to the effect that “It is difficult to make it difficult to do so, even if so, to have the money repaid within the scope of lurrith,” the Defendant made a false statement.
However, as stated in Paragraph 1, the Defendant did not have any intention or ability to repay the debt even if he borrowed money from the victim, because the Defendant had a debt equivalent to KRW 200 million and paid the debt from another person to repay the debt.
The Defendant, by deceiving the victim as such, received KRW 2 million from the victim to the Agricultural Cooperative Account in the name of the Defendant on a temporary basis.
B. On October 21, 2015, the Defendant called the above victim at the address of Busan (hereinafter referred to as the “Seoul”) around October 21, 2015, and “It is difficult to say that it will be good if the money is lent. If the Defendant borrowed money, he will receive the winning payment from the winning bid at the beginning of October.”