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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On June 14, 2014, the Defendant called the victim D at a non-permanent place on June 14, 2014 and repaid the amount of KRW 50 million to the victim again for two months.
“A false representation was made.”
However, the Defendant did not have any intent or ability to repay the amount even if he borrowed the amount from the damaged party due to the lack of any particular income or property, even though he was liable to pay the amount equivalent to KRW 2.2 billion, the amount equivalent to KRW 800 million, or the amount of unpaid wages equivalent to KRW 690 million.
Nevertheless, the defendant deceivings the victim as above and transferred 50 million won to the borrower's active account in the name of the defendant around the 16th of the same month from the victim.
"2016 Highest 440 "
1. On July 3, 2014, the Defendant: (a) at the “F” office located in Ulsan-gu, Ulsan-gu, Seoul-do, the victim G created a electric housing complex in the Cheongbuk-do; (b) it is necessary to supply it.
In order to pay a discount on the face value of 44 million won, the bill will be issued at the face value on the expiration date of the week.
“A false representation was made.”
However, the Defendant had no intent or ability to repay the face value on the maturity date even if he received the money under the pretext of discount from the injured party due to the lack of any particular income or property, even though he/she did not have any intent or ability to pay the money under the pretext of discount of the bill.
Nevertheless, on July 4, 2014, the defendant deceivings the victim as above and transferred KRW 3,9150,00 to the Saemaul Treasury account in the name of H on July 4, 2014.
2. On July 18, 2014, the Defendant, at the above “F office” office of the said “F” company around July 18, 2014, settled the payment on the due date of the Promissory Notes for KRW 5,95,00,00 on the leased equipment from April 2014 to June 201.