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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
1. Around February 20, 2010, the Defendant against the victim B made a false statement to the victim B of the D bath located in Changwon-si, Changwon-si, Changwon-si, that “If he/she purchased his/her vehicle and borrowed KRW 20 million, he/she would pay the interest on three (3) a month if he/she borrowed his/her vehicle and would repay it after two (2) months.”
However, the defendant did not use it as the purchase price of the vehicle for the same student, and used it for personal purposes, such as the defendant's living expenses or the cost of the performance of the contract in the forest. In the absence of any specific property at the time, the defendant had a financial obligation of KRW 20 million to the members of the fraternity, not only the defendant had a financial obligation but also had no intent or ability to repay the money even if the defendant borrowed it from the victim due to the situation of preventing the repayment of the defendant's obligation
Nevertheless, the Defendant, by deceiving the victim B as such, received KRW 10 million through the account of community credit cooperatives in the name of the Defendant on the same day under the name of the victim and received KRW 10 million through the same account on the 25th day of the same month.
The Defendant received a total of KRW 65,00,000 from May 11, 201, in total, five times as shown in the annexed crime list (1) from that time, including the receipt of KRW 20,000,000 in the above method.
2. Around February 10, 2009, the Defendant made a false statement to the victim E via phone from the Defendant’s home located in Changwon-si, Changwon-si, Seoul Metropolitan City, to the effect that “If the victim requires a prompt loan to another person, the victim does not receive the time limit amount to receive, and if the victim lends to the Defendant the Defendant, the victim would pay the time limit amount to be paid in the future and pay the principal after three months.”
However, the defendant did not lend it to others, but used it solely for personal purposes such as living expenses of the defendant, etc., and there is no particular property at the time.