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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
[2015 Highest 3495] On August 2012, the Defendant made a false statement to the victim F at the “E” restaurant operated by the Defendant in Daegu-gu D market, Daegu-gu, stating that “The Defendant would borrow money for the number of days on which the money would be used as capital and pay it.”
However, at the time, the Defendant borrowed money from a large number of market merchants in the amount of KRW 88,00,000, and the Defendant again borrowed money to pay interest to others for the purpose of repaying such borrowed money, and there was no intention or ability to pay the money even if he borrowed money from the victim.
Nevertheless, as seen above, the Defendant, as well as the Defendant, by deceiving the victim as above, received KRW 3 million in cash from the victim around August 17, 2012, and received KRW 57 million in total from around January 10, 2013, from that time on nine occasions, from that time, until January 10, 2013.
[2015 Highest 3882] On November 14, 2012, the Defendant made a false statement to the effect that “E” restaurant operated by the Defendant in the Jung-gu Seoul Special Metropolitan City D market would be paid in full after three months if the Defendant borrowed KRW 30,000,000 from the need for operating funds to the victim G.”
However, at the time of fact, the Defendant borrowed money from many market merchants in KRW 88,00,00,000, and there was no intention or ability to repay the money even if the Defendant borrowed money from the victim even though he borrowed money from the victim because the Defendant was under the circumstance where the Defendant again borrowed money to repay the money to others.
Nevertheless, the Defendant deceivings the victim as above and acquired 30 million won from the victim, thereby deceiving the victim.
[2015Kadan4876] On February 24, 2012, the Defendant extended interest of KRW 500,000 per month to the victim H in the “E” restaurant operated by the Defendant in Jung-gu Daegu-gu, Seoul-gu.