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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
Although the defendant was in a situation where the debt becomes approximately KRW 100 million without any particular asset, he/she had attempted to deceiving the victim D to borrow money under the name of the borrowed money, as he/she would repay the borrowed money.
1. Around July 10, 2007, the Defendant: “Around July 10, 2007, the Defendant borrowed KRW 35 million to the Defendant from the Jinsan Agricultural Cooperative located in the Gyeonggi-do, Chungcheongnam-do, in order to use the money as a deposit for the lease on a deposit basis for a house; his parent may receive money from his/her own property; thus, he/she will repay the borrowed money within six months at the latest.”
However, in fact, the defendant did not have sufficient means to explain the victim and did not have any intent or ability to repay the above money due to no particular asset or profit.
The Defendant, as such, by deceiving the victim, received 35 million won from the victim under the name of the Defendant’s wife E by borrowing money.
2. On August 14, 2007, the Defendant borrowed money to the victim on August 14, 2007, “Around August 14, 2007, the Defendant: (a) lent money to the victim for the purchase of a vehicle and the provision of office fixtures; (b) his father has a number of cargo cars and provided a rental business with a large number of cargo cars; and (c) his mother will pay money immediately after he operated the restaurant and requested his father to pay money.”
However, in fact, the defendant did not have sufficient means to explain the victim and did not have any intent or ability to repay the above money due to no particular asset or profit.
The Defendant, by deceiving the victim as above, received from the victim a delivery of KRW 12 million on August 14, 2007, 200, KRW 8 million on August 24, 2007, and KRW 21 million on September 5, 2007.
3. On November 1, 2007, the Defendant was in need of money to seek an office to operate a business and to purchase materials from the victims from the Jinyang Agricultural Cooperative located in the Gyeonggi-si, Chungcheongnam-si on November 1, 2007.