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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. On July 2, 2014, around July 1, 2014, the Defendant made a false statement to the effect that “A victim C, who had a petial relationship in Daegu-gu, Daegu-dong, purchased materials to sell construction materials in the middle-gu, Daegu-gu, and obtained a large amount of profits from the lending of money at a low-priced price, the Defendant would have repaid the principal and interest every month if the Defendant borrowed money.” The Defendant made a false statement to the effect that “The Defendant would have a claim equivalent to KRW 35 million that would be paid from another person on September 10, 2014.”
However, even if the above money was received, there was no intention or ability to sell the building materials, and there was no claim from another person to receive the above money, and there was no intention or ability to repay the above money to the defendant's personal debt or to use it for living expenses or entertainment expenses, and there was no specific occupation or property at the time.
As above, the Defendant, by deceiving the victim and deceiving the victim from the victim on the 2th day of the same month, obtained 27 million won from the victim.
2. On July 17, 2014, around July 17, 2014, Defendant 3 made a false statement to the effect that “Around July 17, 2014, the said victim C shall pay the principal and interest of each month by making a false statement to the said victim C by phoneing the said victim C at a place where the location is unknown.”
However, even if the above money was received, there was no intention or ability to sell the building materials, and there was no intention or ability to repay the above money to the Defendant’s personal debt or to use it for living expenses or entertainment expenses, and there was no certain occupation or property at the time.
As above, the Defendant deceivings the victim as above, and acquired the victim by deceiving KRW 10 million on the same day from the victim.
3. Around August 4, 2014, the Defendant made a loan by phone call to the said victim C at a place where the location is unknown on or around August 4, 2014.