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A defendant shall be punished by imprisonment for six months.
The defendant shall be paid 25 million won to the applicant for fraud and damage.
Reasons
Punishment of the crime
1. On June 2016, the Defendant made a false statement to the victim C through the Seocho Telephone, stating that “The Defendant would pay interest on the loan from the recipient of the loan, and the principal of the loan shall be paid in full, and the principal shall also be paid in full, and the Defendant would try to sell the D Lestoc with the husband’s operation to the extent of KRW 900 million, and the Defendant could have paid in full.”
However, the Defendant did not have any special property under the name of the Defendant, without any specific occupation or income, and was urged to repay to E a large amount of damages due to the occurrence of damages equivalent to KRW 21 million. The building and land of the said D Lestop had been set at the lower right of KRW 778,340,00,00, and there was little value of the collateral because the said D Lestop had been thought to use the money borrowed from the damaged person as an existing debt repayment or cost of living. Thus, even if the said money was borrowed from the damaged person, there was no intention or ability to repay it at the same time.
Nevertheless, the Defendant, by deceiving the victim and deceiving the victim, was the subject of the loan from the victim to the victim, and the same year.
7. On 27.3 million won, a total of 16 million won was remitted to the national bank account in the name of the defendant to the national bank account in the name of the defendant.
2. On September 13, 2016, the Defendant made a false statement, “Around September 13, 2016, the Defendant, through telephone, stating that he/she would pay interest on the loan, and that he/she would also pay the principal when he/she has to pay the principal of the loan.”
However, in fact, the defendant did not have any special property under the name of the defendant, did not have a certain occupation or income, and had been urged to repay it to other persons as above, and the above D Lestop's building and land also have little value of collateral.