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A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
1. On January 3, 2011, the Defendant stated that “I would pay money to the victims C, known to ordinary people, for a certain period of time, if you lend money to the Dmarket merchants.”
However, in fact, the defendant thought that he will use the borrowed money to repay his obligation, and there was no intention or ability to repay the money.
Nevertheless, the Defendant, by deceiving the victim as above, received KRW 8,000,000 from the victim.
In addition, the Defendant received total of KRW 541 million from the victim as borrowed money from March 20, 2012 to March 20, 2012 from that time as shown in the attached list 1 of crimes.
C Correction was made in accordance with C’s statement of the accusation and investigation report (2012 Gohap1342 case No. 13).
2. On March 11, 2009, the Defendant of the case 2013 Gohap31 stated that “The Defendant shall lend money to the victim G for operating expenses of the restaurant at the “F cafeteria” operated by the Defendant, and “The Defendant shall repay the money to the victim G.”
However, at the time of fact, the defendant did not have any intent or ability to repay the debt even if he borrowed money from the victim, such as the defendant's obligation of approximately KRW 30 million to financial institutions, and the obligation of approximately KRW 200 million to bonds.
Nevertheless, the Defendant, by deceiving the victim as above, received KRW 5 million from the victim to the Defendant’s account.
In addition, the Defendant received a total of KRW 79.6 million from the victim to December 2, 2010 through a 20-time loan from the victim as shown in the attached Table 2.
3. On January 5, 2012, the Defendant stated that “The Defendant shall repay money to the victim H within one month, if he/she lends money to the victim H.”
However, at the time of fact, the defendant has no particular property and bears a debt equivalent to the cost of detention.