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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
1. On June 17, 2010, the Defendant made a false statement to the injured party B that “I will pay interest of KRW 300,000 won per month when I lend money to the injured party B at the cafeteria of the common area near the common area in Ansan-si, Ansan-si. In addition, I wish to pay the principal within six months.”
However, the defendant, as a person of bad credit standing, was liable for the debts of several million won to others, and it was difficult to bear the living expenses due to the absence of any particular property or income.
Therefore, even if the victim borrowed money from the victim, there was no intention or ability to repay the borrowed money.
Nevertheless, the Defendant, by deceiving the victim as such, received 10,000,000 won in cash from the victim’s place of residence as the borrowed money.
2. On June 20, 2010, the Defendant stated that “The Government Corporation shall be performed within the territory of Jeonnam-do, but if the Defendant borrowed money, he/she shall pay interest of KRW 600,000 per month and complete payment within one year.”
However, at the time, the defendant did not have a plan to perform a qualified government construction project, and there was no intention or ability to pay the money to the victim due to the lack of financial conditions like Paragraph 1.
Nevertheless, the Defendant, by deceiving the victim as such, received cash 20,000,000 won from the victim on the same place as the borrowed money.
3. On August 20, 2010, the Defendant made a false statement that “If he/she lends money to the victim for construction of the Seoul Special Metropolitan City D Elementary School, he/she will give 300,000 won interest per month to the victim and make a repayment within one year.”
However, even if the construction work is performed, the Defendant was scheduled to use the construction cost as various expenses or cost of living, and there was no intention or ability to repay the money to the victim because the financial situation like Paragraph 1 is not good.
Nevertheless, the defendant is guilty.