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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Criminal facts
"200 Highest 771"
1. Around May 13, 2019, the Defendant: (a) borrowed money in the name of the tegyptian construction cost; (b) the victim C’s residence located in the Northern-si B at Port and in the victim C; and (c) the victim stated, “I will repay 150,000 won per month with the loan of money as principal and interest.”
However, in fact, the Defendant had already operated D P P P P P P P PP car, and there was no need to perform the internal test work. At the time, the Defendant paid approximately KRW 100 million to individuals, loan companies, etc., and most of the monthly income was paid by the Defendant through D P PP, etc., and the car PP was also short of operating funds. Therefore, even if the Defendant borrowed money from the victim, it was thought that it was used for the purpose of personal debt repayment, so there was no intention or ability to repay the money borrowed from the victim.
The Defendant, by deceiving the victim as above, received a remittance of KRW 15 million under the name of the E bank account (Account Number:F) in the name of the Defendant on the same day from the victim.
Accordingly, the defendant was delivered KRW 15 million by deceiving the victim.
2. Around May 27, 2019, the Defendant: “Around May 27, 2019, the Defendant borrowed money for studying abroad to the victim C, saying, at the same place, the victim C “a loan is necessary to pay money for studying abroad.”
However, even if the Defendant borrowed money to the victim, the Defendant did not have a plan to use the money for studying abroad. At the time, the Defendant had a debt to individuals, loan companies, etc., approximately KRW 100 million, and most of the monthly income was paid with the interest of the Defendant, and the car page was short of operating funds, and thus, it was thought that it was used for the purpose of personal debt repayment even if the Defendant borrowed money to the victim, and thus, it was able to repay the money borrowed to the victim.