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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
"2015 Highest 229"
1. Crimes against victims C;
A. On October 5, 2011, the Defendant stated that “A victim C may purchase 10,000 won of 150,000 won of the principal and 15,000 won of the principal and 15,000 won of the purchase price of the coolant at an influent place on September 5, 201, with D business operators’ friendly relationship with D business operators at a direct container without circulation. Then, the resale would result in profits more than three million won if the market price is as the market price.”
However, in fact, the defendant used the money received from the injured party for repayment of another debt, and the defendant has been liable for the total amount of KRW 440 million from a large number of debts at the time, and there is an economic difficulty, such as paying the interest equivalent to KRW 5.3 million per month. Thus, even if he received the money from the injured party, he did not have the intent or ability to pay the proceeds and principal until the agreed date.
Around October 5, 2011, the Defendant received from the damaged party the remittance of KRW 15 million under the name of the Defendant’s bank account (number E) with the name of the Defendant’s name.
Accordingly, the defendant was given property to the victim by deceiving the victim.
B. On May 18, 2012, the Defendant: (a) called, “Around May 2012, 2012, the Defendant sent a phone call to the said victim C; and (b) he/she must pay KRW 15 million to the president of the F restaurant; (c) he/she did not pay in full; and (d) he/she filed an application for a loan with the Plaintiff by taking out employment at a private hospital; and (e) he/she suffered from one week; and (e) he/she paid in full after one week.”
However, the defendant did not have applied for a loan in the name of the defendant, and even if he borrowed money from the damaged person due to economic difficulties due to the reasons such as the statement No. 1(A), he did not have the intention or ability to pay the principal by the due date.
The defendant.