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A defendant shall be punished by imprisonment for not less than two years and six months.
The request of the applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
1. The facts are that the Defendant was engaged in the bond business in the members of the Gyeonggi-do Yang-gun, but there was no large-scale customer who can earn profits fixedly, as well as the amount actually engaged in the bond business and the amount accumulated as the time the Plaintiff engaged in the bond business was carrying out the bond business, and even if he received money from other persons in relation to the bond business under the name of borrowed money, he did not have the intent or ability to pay the agreed interest by investing it in the bond business, and there was no special property and there was no intention or ability to return the principal, so he did not have the intention or ability to return it.
Nevertheless, on March 16, 2010, the Defendant borrowed 10 million won per day from the Defendant’s house located in Gyeonggi-si Co., Ltd. to the victim B by telephone, and he/she borrowed 10 million won per day to the victim B.
A false statement was made to “the remittance of KRW 9950,000,000,000,000,000.”
The Defendant, by deceiving the victim as such, was in de facto marital relationship with the Defendant under the pretext of borrowing 950,000 won from the victim on the same day.
In addition to being transferred to the NH Nonghyup Bank account in the name of D, from January 4, 201, it received total of KRW 49,980,00 from 71 times except Nos. 8, 16, 18, 41, 43, 47, and 57 in the list of crimes in the attached crime committed in the following list from that time to January 4, 201, and acquired it by remittance.
2. When there was a shortage of money to be paid as interest or principal to the victim B, etc. in the course of acquiring money from the victim B, etc. in connection with the bonds or card lending as above, the defendant borrowed money from the lending company, etc. in the name of the victim B, etc. even though he did not have obtained delegation or permission from the de facto marital relationship, and paid the money as interest or principal to the victim B, etc., and the defendant is proceeding with the business related to the bonds or card lending.