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A defendant shall be punished by imprisonment for a year and a fine of KRW 7,00,000.
When the defendant does not pay the above fine.
Reasons
Punishment of the crime
On July 15, 2005, the Defendant was sentenced to eight months of imprisonment with prison labor at the Ulsan District Court for fraud, etc. on July 20, 2005, and the sentence became final and conclusive on July 20, 2005.
The defendant, around November 2004, borrowed money from the victim C with the knowledge that the personal debt is equivalent to KRW 100 million and there is no particular property, and there was no intention or ability to repay the money.
1. Around the end of November 2004, the Defendant made a false statement to the effect that “If the Defendant was detained and borrowed 5 million won as an attorney-at-law’s appointment, etc., he would complete payment immediately after the resolution of the instant case” to the above victim who was interviewed.
As such, the Defendant, by deceiving the victim as such, received cash 5 million won from the victim in the same place as the borrowed money, and acquired it by fraud.
2. On March 14, 2005, the Defendant made a false statement to the effect that “The Defendant would immediately repay the Plaintiff upon lending KRW 13 million to the Plaintiff the Plaintiff’s expenses, by letter, etc.
As such, the Defendant, by deceiving the victim and deceiving the victim, obtained through D the transfer of KRW 13 million under the pretext of the loan from the victim around that time.
3. On March 17, 2005, the Defendant made a false statement to the effect that “If the Defendant, through letter, etc., lent KRW 30 million to the victim as agreed upon, it would immediately be repaid after the resolution of the instant case.”
As such, the Defendant, by deceiving the victim and deceiving the victim, received 30 million won from the victim through D as the borrowed money at around that time.
4. On May 9, 2005, the Defendant made a false statement to the effect that “The Defendant borrowed KRW 10 million necessary for the agreed amount to the victim through letter in the Ulsan Detention House.”
The defendant deceivings the victim as such, and is therefore up to 10 million won under the pretext of loans from the victim around that time.