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Defendant shall be punished by imprisonment for a term of one year and six months.
Reasons
Punishment of the crime
[2014 Highest 1707]
1. The part concerning the defraudation of borrowed money
A. On March 3, 2009, the Defendant was transferred from the victim B to the bank account in the name of C in the name of the victim on the same day by stating that “I will pay interest of KRW 300,000 per month if I lend KRW 10,000 to the victim B” on the same day.
However, the Defendant, who was organized and operated a fraternity from around 2007, borrowed money from another person and paid the interest on the borrowed money to the lender, and the Defendant was liable for the debt amounting to KRW 300 million at the time of the loan, and even if he borrowed money from the victim, he did not have the intent or ability to complete the loan, he acquired the money amounting to KRW 10 million by fraud.
In addition, the Defendant received a total of KRW 50 million from the victim to March 19, 2012, such as the entry in the Schedule I, on three occasions from the Si to March 19, 2012.
2. On January 2013, the Defendant provided that “If the Defendant has operated the number system that collects KRW 1.5 million on one unit by 20,000,000,000, which is the subject of the guidance, the Defendant was transferred from the victim to the account designated by the Defendant, a total sum of KRW 1,50,050,000 per month of the guidance from the same month to February 2014.”
However, the Defendant, at the time, attempted to operate the fraternity in a state of liability equivalent to KRW 600,000,000 that occurred when he paid the previous fraternity to the previous fraternity, even though he did not have any intent or ability to allow the victim to receive the time limit money by operating the fraternity normally because he did not pay the fraternity from the beginning, the Defendant received the total amount of KRW 10,50,000 from the victim and acquired it by fraud.
[2014 Highest 2089] The Defendant is located in the second floor of D Building in Sinung-si on January 2012, 2012.