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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
1. On February 28, 2012, the Defendant “2014 Highest 2439” lent 30 million won as 30 million won due to the shortage of money in other areas, to the victim F of the victim who became aware of the Defendant’s work as a skiing instructor in Pyeongtaek-gun, Gangwon-do. The Defendant provided that, “The interest would be paid KRW 1 million per month and the principal would be returned at any time.”
However, even if the defendant received the above money from the victim, he did not want to use the money for the business fund such as Lestop operation, but he thought that most of the money was used by the defendant for the payment of credit cards that the defendant settled as entertainment expenses, or for the gambling in Makao or other living expenses.
As can be seen, the Defendant used for business funds, deceiving the victim to immediately transfer KRW 30,00,000 from the victim, and, in the same way, acquired the victim’s total sum of KRW 16,620,000 on five occasions, including KRW 19,000 on June 28, 2012, KRW 13,000 on November 26, 2012, KRW 13,000 on February 13, 2013, KRW 13,000 on April 3, 2013, and KRW 4620,00 on April 9, 2013.
2. "2014 Highest 2718";
A. A. Around May 10, 2012, the Defendant called the Victim G by phoneing to the victim G, who was the next ski instructor, and said, “The Defendant would make an investment in the money that he would have a higher interest than the interest of a commercial bank. The principal would at any time be returned if her flings with a higher interest than the interest of a commercial bank. The principal would be returned at any time. First, 15 million won will be paid in 300,000 won per week.”
However, the Defendant did not have any intent or ability to repay, even if he received the money from the victim because he did not want to use the credit card payment that was made with entertainment expenses while living without a certain occupation at the time, or because he did not want to repay the money to other skiing instructors.
Nevertheless, as above, the Defendant made a false statement to the victim and belonged thereto from the victim.
5.16. The defendant