beta
Text
A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
1. On January 17, 2017, the defrauded made a false statement to the effect that “A victim E is performing a multi-stage business, but a loaning KRW 50 million until July 17, 2017, at the D office operated by the Defendant in Busan-gu Busan-gu, Busan-gu, the Defendant would repay the victim E by July 17, 2017.”
However, the Defendant paid monthly membership fees of the members who joined D, and the monthly membership fees that the Defendant paid to D was a business that was unable to make profits in excess of the fees that the Defendant received from D head office. Around that time, the Defendant had a total of KRW 180,000,000,000, such as financial rights obligations, etc., and thus, the Defendant did not have any intent or ability to pay the monthly membership fees until July 17, 2017, even if he borrowed the money from the victim.
The defendant deceivings the victim as above and acquired the victim's own check of KRW 50,000,000 from the victim on the same day.
2. On February 10, 2017, the Defendant, at around February 10, 2017, concluded a false statement to the effect that “If the Defendant extended KRW 30 million to another person, he/she will repay the amount to August 10, 2017 and set up a collateral security limit on the mortgaged real estate” owned by the Defendant to the victim E, such as “the Defendant’s office located in the Busan Jin-gu Busan, Busan, and 101 Dong-dong 605 (hereinafter “security real estate”).
However, the Defendant did not intend to set up a right to collateral security against the victim by disposing of the mortgaged real estate to another person for living expenses, debt repayment, etc. Around that time, the Defendant had a total of KRW 180 million debt such as financial rights, etc., and paid by D members monthly membership fees. Therefore, even if the Defendant borrowed additional money from the injured party, there was no intention or ability to pay by August 10, 2017.
As above, the defendant deceivings the victim as above, and is the sum of the face value of 30 million won on the same day from the victim.