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A defendant shall be punished by imprisonment for not less than eight months.
Punishment of the crime
1. On November 25, 2015, the criminal defendant against the victim B made a false statement to the victim B, stating, “A person shall immediately pay the principal, if he/she lends 50 million won to the victim B within one year, and if he/she fails to pay monthly interest, he/she shall immediately pay the principal.”
However, in fact, the Defendant had no particular property, and the Defendant had already borne the obligation of approximately KRW 40 million to the lending company, and used most of the Defendant’s revenues to repay the obligation, and as the Defendant was planned to use the borrowed money from the victimized party as his/her obligation repayment and living expenses, there was no intention or ability to repay the borrowed money even if it was borrowed from the victimized party
Nevertheless, the Defendant: (a) by deceiving the victim as above, received KRW 5 million from the victim to the C bank account under the name of the Defendant on the same day; and (b) from around that time to February 4, 2016, he received a total of KRW 5,450,000 as borrowed money on six occasions, such as the list of crimes and the list of crimes.
2. On April 2016, the Defendant: (a) made a false statement to the victim D by phone calls to the victim D; and (b) “The business-friendly Gu is responsible for the repayment of the money, and he/she shall repay the money without molding the two months.”
However, in fact, the Defendant had no particular property, and already bears the obligation of approximately KRW 40 million to the lending company, as stated in the above 1.1., and the Defendant was using most of the Defendant’s revenue as repayment of the obligation. Since the amount borrowed from the damaged party was planned to use his/her obligation and living expenses, there was no intention or ability to repay the amount even if it was borrowed from the damaged party.
Nevertheless, the defendant deceivings the victim as above and transferred the amount of KRW 10 million to the C bank account under the name of the defendant to the victim. < Amended by Act No. 1471, Apr. 29, 2016>