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A defendant shall be punished by imprisonment for a term of one year and eight months.
Reasons
Punishment of the crime
1. On September 2014, the Defendant made a false statement to the effect that “The Defendant would have borrowed money to pay for the purchase and sale of the Plaintiff’s golf course or the purchase and sale of the Plaintiff’s real property, the Defendant would have borrowed the Plaintiff’s 114 and 1003 of the Bupyeong-gu Incheon Metropolitan Government Apartment C Apartment 114 and 1003, and the victim D would have “the husband would live in reserve and receive a pension as collateral, or would have sold the husband
However, the Defendant did not have any special property at the time, and even if the Defendant received money from the damaged party, such as repayment of other debts or use of living expenses, etc. in the so-called “return prevention” form, the Defendant did not have any intent or ability to pay the principal and interest as agreed upon.
Accordingly, the Defendant, as such, by deceiving the victim, received KRW 15 million from the victim, to the new bank account in the name of the Defendant around November 15, 2014, from the victim, and received KRW 142,510,000 in total over 19 times from around that time to December 23, 2015, including the statement in the list of crimes in attached Table 1.
2. On October 10, 201, the Defendant made a false statement to the victim E that “The amount of KRW 20 million is necessary due to the shortage of apartment purchase funds,” and that “The Defendant would pay money immediately after having a share in the building in Seoul and having sold the building.”
However, the Defendant had no intention or ability to repay the previous debt with a new loan by means of so-called “return prevention” due to a large amount of other debt at the time, and even if he/she borrowed money without any special property, there was no money.
On October 10, 201, the Defendant, as described in attached Table 2, by deceiving the victim and receiving KRW 20 million from the victim’s account from the victim, received KRW 20 million in total 14 times from around that time to October 22, 201, and received KRW 100,000,000 from around October 22, 201.
Summary of Evidence
1. The defendant's partial statement in court;