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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
The defendant of "2019 Highest 3005" is a person who has operated a business of distributing butter under the trade name of "B".
1. On March 2009, in Seoul Special Metropolitan City, Nowon-gu, Nowon-gu, the Defendant: (a) on the victim’s early 2009, on March 4, 2009, the Defendant: (b) stated that “The Defendant would return the principal to the victim within one month if he/she retires from his/her service.” (c) The Defendant would have invested KRW 60,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000
However, at the time of fact, the Defendant had a debt of KRW 100 million or more to F, and even if the Defendant borrowed money from the victim due to the difficulty in the operation of B, it was thought that the Defendant would have used the money as repayment of existing investment, repayment of personal debt, payment of the amount receivable from the customer, etc. (tentatively referred to as “defensive”), so there was no intention or ability to
The Defendant received from the victim at the end of the foregoing false statement the sum of KRW 60 million in total, which was KRW 50 million on March 31, 2009, and KRW 60 million on April 1, 2009, from the victim’s H bank account (I) in the Defendant’s wife G account in the Defendant’s wife G.
2. On June 9, 2009, the Defendant against the victim J said that “The victim would be able to pay money in advance to the victim if he/she purchased the burners in advance due to the increase in the price in the domestic year. If he/she borrowed KRW 120 million, he/she would pay interest of KRW 300,000 per month up to the time of repayment, and he/she would pay the principal after he/she purchased the servers with the borrowed money until January 2010.”
However, at the time of fact, the Defendant had a debt of KRW 100 million or more to F, and even if the Defendant borrowed money from the victim due to the difficulty in the operation of B, it is thought that it will be used as repayment of existing investment, repayment of personal debt, and payment of the outstanding amount from the customer.