A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

[2014 Highest 2037] The Defendant became aware of the victim B as the parents of the children attending the same elementary school, and became friendly with the victim through the parents group.

The defendant, as a family owner, did not have any other income than 4 million won of the husband's monthly income. The defendant's personal debt amounting to approximately KRW 20 million, approximately KRW 160,000,000,000 in the husband's name, and about KRW 160,000,000 in the husband's name should be paid monthly, and even if he borrowed money from others, he did not have the intention or ability to fully repay the debt, and it was an urgent situation to prevent the repayment of the debt.

그럼에도 피고인은 2012. 10. 30.경 부산 일원에서 피해자에게 ‘내 친여동생이 법원 경매를 통한 사업으로 상당한 이익을 보고 있는데, 여윳돈이 있으면 이자를 얼마 주지 않는 은행에 맡기지 말고 경매에 투자하면 1,000만 원에 월이자 20만 원의 수익을 올릴 수 있고, 5개월 이내에 원금회수가 가능하다.‘고 거짓말을 하였다.

However, the Defendant did not have any intent or ability to pay the card price properly because it is difficult for the Defendant to prevent the so-called return due to such economic difficulties, and even if he borrowed money from the victim, he did not make an investment in the auction, and thus, he did not have any intent or ability to pay it properly.

The Defendant, by deceiving the victim as such, received from the victim a remittance of KRW 10 million under the same day as the borrowed money.

In addition, from March 5, 2014, the Defendant received a total of KRW 221 million over 44 times, as shown in the attached list of crimes, from that time until March 5, 2014.

[2014 Highest 2141] The Defendant became aware of the parents of the children attending the same elementary school C, D, and E, and became friendly with them through the parents group.

The defendant, as a family father, is a husband's monthly income of 4 million won.