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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
"2016 Highest 3903"
1. On April 1, 2015, the Defendant: (a) stated that “C” restaurant operated by the Defendant located in Daegu-gu Dong-gu, Daegu-gu (U.S.); and (b) the victim D loaned KRW 3 million as it is necessary to repair the restaurant signboard, repair the window materials, purchase of alcoholic beverages, and so on; (c) thereby, the Defendant would pay interest of KRW 300,000 per month.”
However, in fact, the Defendant, without any particular property or profit at the time, is liable for a large amount of debt equivalent to seven million won in arrears, and about thirty million won in debt to E, and even if he borrowed money from the damaged person due to economic difficulties, such as demanding repayment from creditors, even if he/she is obliged to pay interest equivalent to six million won in every month, he/she did not have any intent or ability to pay interest or principal.
The Defendant received 2.9 million won from the damaged person on the same day as the Defendant borrowed money from the Defendant’s account.
Accordingly, the defendant was given property to the victim by deceiving the victim.
2. On June 19, 2015, the Defendant, at the agricultural branch located in Daegu-gu Dong-dong, Daegu-gu, on June 17, 2015, told the said victim D to lend KRW 1 million as it is necessary to pay the card price, and if so, to pay interest of KRW 100,000 per month and to pay the principal as soon as possible through funeral services.
However, the defendant did not have the intent or ability to pay interest and to pay principal, even if he borrowed money from the damaged person on the grounds as described in paragraph 1.
The defendant received 90,000 won in total from the damaged person to the account of the defendant on the same day, and 90,000 won in total from the same account on the 19th day of the same month to the same account on the same day.
Accordingly, the defendant was given property to the victim by deceiving the victim.
3. The Defendant committed a crime on July 20, 2015, around July 20, 2015.