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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
1. Around June 21, 2019, the Defendant, at the J office, the Defendant’s workplace located in Ulsan-dong, Ulsan-do, U.S., and called “AC fire station know well-known a person who operates AD’s pulmonary horse, and making an investment would be able to receive a loan of KRW 45 million at the AE, and the Defendant may receive a loan of KRW 45 million from B under the name of D. In this context, the Defendant would pay the principal and interest without making an investment in May of the year in the inside of the Republic of Korea.”
However, in fact, the Defendant was thought to use the borrowed funds for Internet gambling and repayment of other obligations of the Defendant, and there was no idea to invest in inside and outside, and even if he borrowed money from the victim with no property at the time, he did not have the intent or ability to repay the borrowed money even if he borrowed money from the victim.
Nevertheless, the Defendant, by deceiving the victim, had the victim borrow KRW 45 million from AE on June 21, 2019, and then transferred KRW 34 million from the same day to AF Association account (AG) in the name of the Defendant, and acquired KRW 2 million from the Defendant’s transfer of KRW 38 million to the Defendant’s AI account.
2. On July 15, 2019, the Defendant made a false statement to the victim AB by phoneing the victim AB on July 15, 2019, that “AE is too high to have the loan interest rate, and AJ may receive KRW 10 million in its name. Therefore, the Defendant would make a payment of the loan from AE with the loan, if he/she received the loan.”
However, in fact, the defendant thought that he would use the borrowed funds for Internet gambling and repayment of other obligations of the defendant, and there was no idea to repay them to AE, and even if he borrowed money from the victim without any property at the time, he did not have the intention or ability to repay it even if he borrowed money from the victim.
Nevertheless, the Defendant is above.