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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
On November 2017, the Defendant issued to the victim B a letter "CB AEO A (D, E, F, G, H, I, J, and K)" (hereinafter referred to as "CBA") a letter "IEO A (hereinafter referred to as "D, E, G, I, K, and K)" and subsequently developed into a relationship with the victim. The Defendant issued a letter "CBAA" (hereinafter referred to as "D, E, G, H, I, K, and K) to the victim B, who is going to hold money more than KRW 1 to 2 million per day.
After that, around December 6, 2017, the Defendant told the victim by telephone at a place not exceeding Jeju, that “A down payment is needed to sell the land in the vicinity of the Hando road, and if the Defendant lent it to the victim, he would be repaid to the money deposited in the casino transfer at the end of the month.”
However, in fact, the Defendant did not have the ability to sell nearby land in the Republic of Korea. The Defendant did not have the ability to repay the borrowed money from the victim because of the absence of the fact that he operated the casino transfer business, and the Defendant was tried not only to make any special profits but also to have been tried by a window dressing account, and there was no fact that RT had been carried out by the Defendant. At the time, L was not less than KRW 600 million and there was a debt amount equivalent to KRW 500 million to M, but the Defendant did not pay it. The Defendant did not have the intent or ability to repay it even if he borrowed money from the victim due to the surcharge incurred by the previous violation of the Attorney-at-Law Act, such as the failure to use the Defendant’s account due to the surcharge in the previous violation of the Attorney-at-Law Act. The amount borrowed from the victim was considered to have been used for the purpose of living expenses, gambling
As such, the Defendant, including deceiving the victim and receiving eight million won from the victim’s account in the name of N on the same day, from that time until April 12, 2018.