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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On November 20, 2008, the Defendant made a false statement to the effect that “Around November 20, 2008, the Defendant would make a lump sum repayment of KRW 105,000,000 prior to the month when he borrowed KRW 1,000,000, because he/she used the business fund to run the business together with the punishment of China,” and that “A person would make a lump sum repayment of KRW 105,00,000 prior to the month.”
However, at the time of fact, the Defendant not only did not run the red powder business in China, but also did not have any intention or ability to return KRW 1,00,000 to the victim, since the Defendant received approximately KRW 435,00,000 from the victim and planned to use it for the purpose of the Defendant’s living cost, lottery ticket purchase cost, etc. for approximately 1,00,000 won without any particular property or revenue.
Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) obtained money from the victim to the Cbank account (D) in the name of the Defendant for business financing on the 27th day of the same month from the victim; and (c) obtained money from the victim for the purpose of business financing; and (d) by deceiving the victim over 54 times in total from the above date to October 13, 2010; and (c) obtained money from the victim and acquired money from the victim as total of 71,711,300 won.
2. On November 10, 201, the Defendant of nominal loan fraud, such as money exchange commission, phone called to the victim B and made a false statement to the effect that “The Defendant engaged in the chilling business at China along with the punishment of China,” and that the Defendant is engaged in the Rassing business from the Rass. The Defendant made a false statement to the effect that “If he/she intends to repay the money borrowed from the proceeds of the said Rasing business, he/she would repay the money in one week with the commission for money exchange and the cost for opening the account necessary for exchanging the said proceeds, he/she would pay the money in one week if he/she borrowed KRW 2,00,000.”
However, at the time of fact, the punishment of the defendant was not in China.