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A defendant shall be punished by imprisonment with prison labor for not more than ten months.
Reasons
Punishment of the crime
1. On December 22, 2016, the criminal defendant against the victim B made a false statement to the effect that "the principal shall be repaid after paying 10% interest on the loan of money to the victim B, and the principal shall be repaid as soon as possible, if it is difficult to repay, he/she shall dispose of real estate under his/her name after discharge from the military, or by having his/her parents pay money, or he/she shall receive a loan from another person without any money."
However, in fact, the Defendant had a liability of KRW 100 million to other persons when there was no special income or property at the time, and there was no real estate in the name of the Defendant, and the Defendant’s parents did not have to repay the Defendant’s debt on behalf of the Defendant. Therefore, even if the Defendant borrowed money from the victim, there was no intention or ability to repay it
As above, the Defendant, by deceiving the victim as above, received 6 million won from the victim to the corporate bank account (Account Number C) in the name of the Defendant on the same day, and acquired 56 million won through 18 times from that time to March 20, 2017, as shown in attached Table 1.
2. On January 2017, the Defendant made a false statement to the effect that “The Defendant would pay 5% of the monthly interest that he/she lent to the Defendant’s military forces to the victim D, who was the Defendant’s military forces, without paying interest,” the principal would be repaid as soon as possible, if it is difficult to repay, either would dispose of the real estate in the name of the military forces after discharge of the military forces, or have the parents repaid the money, or would also receive a loan from another person without having any money.”
However, in fact, the defendant had a debt of about KRW 100 million to other persons without any special income or property at the time, and there was no real estate in the name of the defendant, and there was no real estate.