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A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
1. On July 27, 2015, the Defendant stated that “Around July 27, 2015, the Defendant would pay 3,60,000,000 won after the month when he sold the dumped goods,” to the victim D at his C office located in Kimpo-si B, Kimpo-si.
However, in fact, the Defendant had already been sold to a third party and could not purchase the dumped goods at the time, and the Defendant was unable to repay a considerable amount of loan borrowed from the third party due to a default of business for about 10 years, and even if she borrowed money from the victim, she did not have the intent to use it in the payment of the deposit or the repayment of the existing loan, and did not have the intent or ability to repay it within one month.
Nevertheless, the defendant received 30 million won from the victim to the F Association (G) account in the name of the defendant E in the name of the victim for the same day.
2. On September 16, 2015, the Defendant made a false statement to the victim D, at each of the places listed in the foregoing paragraph (1) at around September 16, 2015, that “On every occasion, the Defendant purchased and sold panty and smelling expenses by dumping at the time of leaving tin every year. When borrowing KRW 100 million, the Defendant purchased dumping panty and smelling expenses with the Defendant and would pay KRW 1,30,000,000 after the month of selling.”
However, in fact, the Defendant had already been sold to a third party and could not purchase the dumped goods at the time, and the Defendant was unable to repay a considerable amount of loan borrowed from the third party due to a default on business for about 10 years prior to the lapse of 10 years. Thus, even if the Defendant borrowed money from the victim, it was thought that it would be used for the payment of the deposit, the repayment of the existing loan, etc., and there was no intention or ability to repay it within one month.
Nevertheless, there is a need to do so.