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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
1. Fraud against the victim B;
A. On June 2017, the Defendant made a false statement to the effect that “The Defendant would pay the victim B an apartment by investing money in the Gyeonggi-do Kimpo-gun and paying KRW 3 million on or after the three-month period if it was leased KRW 100 million.”
However, in fact, the Defendant was thought to use the borrowed money from the victim to repay the existing other debt, and there was no intention or ability to repay the said money because the financial situation is difficult to prevent the repayment of the existing debt due to the impossibility of paying more than KRW 1.2 billion.
Around June 27, 2017, the Defendant was transferred from the victim the amount of KRW 97 million, which was calculated by deducting the interest of KRW 3 million from the advance interest from the bank account in the name of the Defendant from the victim.
B. On September 2017, 2017, the Defendant issued a false statement to the effect that “the Defendant would have laid down an apartment” to the victim B via C through the Ha. If the Defendant additionally lent KRW 100 million to the Defendant, the Defendant would be able to pay the principal and interest of the loan, along with the interest and interest of the loan.
However, in fact, the Defendant was thought to use the borrowed money from the victim to repay the existing other debt, and there was no intention or ability to repay the said money because the financial situation of the Defendant, such as taking over the debt exceeding KRW 1.2 billion, is difficult to prevent the repayment of the existing debt.
Around September 8, 2017, the Defendant received KRW 94 million from the victim, an amount calculated by deducting the sum of the interest on the advance interest and the interest on KRW 100 million borrowed prior to the Defendant’s bank account in the name of the Defendant, from the victim.
2. On August 20, 2017, the Defendant against the victim E is running a business of selling the victim E from Gyangwon located in Young-gu, Young-gu, Young-gu, Seoul, with a “child-gu, with a view to gathering the cost of digging off in China, with a view to selling the same.”