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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
The defendant was a person who operated D S Saria in Seoul Special Metropolitan City, Nowon-gu.
1. The criminal defendant against the victim E by telephone around November 2, 2013, when the victim E wishes to keep the victim’s bath manager at the present time and directly know, there is a lack of security deposit to be given.
Although it is false to the effect that he/she will repay all the money that he/she had not repaid so far with the money that he/she had not received until now, the amount of his/her liabilities due to the fact that he/she had no special property other than the money deposited, and most of the money paid by the defendant was in a situation where he/she would prevent another person from repaying his/her obligations with the money that he/she would be deducted under the name of his/her obligation to the fraternity or unpaid payment, and thus, he/she did not have any intention or ability to repay the money even if he/she borrowed the money from the damaged person.
As above, the Defendant: (a) by deceiving the victim; and (b) transferred the victim’s money in total to the Defendant’s account as KRW 20 million on the same day; (c) KRW 10 million on November 5, 2013; and (d) KRW 36 million on December 18, 2014.
2. On November 18, 2013, the Defendant against the victim F is demanding the victim to pay the victim a letter of credit or electricity fee, and to withdraw the fraternity first. There is only a person who will reduce the money.
Although false statement was made to the effect that the payment of the fraternity is to be made in good faith in 1.2 million won per month, it was true at the time of the fact that there was no special property other than the above Mana deposit, and the management of Mana was very poor and did not pay the fraternity and the payment was not made properly. Since the victim received the fraternity in advance and prevented the victim from paying the existing debt borrowed from others under the pretext of the fraternity, the victim did not have any intent or ability to pay the fraternity even if he received the money under the pretext of the fraternity.
As above, the defendant deceivings the victim, and is bound by this, from the victim.