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A defendant shall be punished by imprisonment for not less than eight months.
The defendant pays 38,825,640 won to the applicant for compensation.
3.2
Reasons
Punishment of the crime
1. Around May 4, 2010, the Defendant, upon borrowing money, told the victim C to the Daegu-gu D apartment parking lot that “I have laid the land in a real estate office where I would sell the land, and I would not sell the land promptly. If I would have to lend money to I would have to repay money to I would have to complete payment between I would have sold and I would have to complete payment.”
However, in fact, there was no real estate owned by the defendant, and there was no intention or ability to repay money from the victim, even if the defendant borrowed money from the victim because there was no real estate owned by the defendant.
As such, the Defendant, by deceiving the victim, received KRW 4 million from the victim to the account in the name of passbook E used by the Defendant on the same day from the victim, and received KRW 23,00,000 from the victims in total five times from September 15, 2010 through the same method as shown in the attached Table 1.
2. On May 2010, the Defendant, due to the use of a credit card, told the victim C to the gas station that “No money is made because the land attached to a real estate office is not sold. If a credit card is lent, the Defendant would first use the land, and would pay the credit card price in full if it is sold. In addition, the Defendant would sell an apartment bond to the mother.”
However, as above, there is no real estate owned by the defendant, and even if the defendant uses the credit card of the victim because there is no specific income or property, there was no intention or ability to pay the credit card price.
As such, the Defendant, by deceiving the victim, received a new card from the victim, and around May 6, 2010, purchased goods equivalent to KRW 296,00 with the above credit card from G Gullet and purchased goods equivalent to KRW 296,00 with the above credit card from May 6, 2010, and from that time as indicated in attached Table 2 of the List of Crimes.