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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
1. The Defendant, at the time of the fraud, did not have the intent or ability to complete payment, even if he borrowed money from the victim B, who was the nursing of the Defendant due to the lack of certain occupation and income.
On January 22, 2011, the Defendant: (a) falsely called, “I will pay interest of 10% per month by lending money to a computer game if I lend money”; and (b) obtained KRW 10 million on the 24th day of the same month from B to the account of the Defendant’s community credit cooperative (C) in the name of borrowing money from B; (c) KRW 30 million on the 25th day of the same month from the 26th day of the same month; (d) KRW 10 million on the 26th day of the same month; and (e) KRW 50 million on the 14th day of February 201, from the 50 million on the 5th day of the same month.
B. Around March 2011, the Defendant: (a) falsely stated that “B shall borrow money to obtain and return money to Seoul; and (b) if he/she borrowed money, he/she shall do so after he/she went to Seoul; and (c) he/she shall receive KRW 600,000 from B as the borrowed money; and (d) he/she shall obtain the money from B as the borrowed money.”
C. On May 2, 2011, the Defendant, by telephone, told B to the effect that “The Defendant shall immediately repay the money within 2,3 days if he/she lends the money,” thereby receiving KRW 80,000 from B to the account of the said community credit cooperative under the pretext of borrowing money.
2. On July 20, 201, around 21:00 on July 20, 201, the Defendant against the victim D made a false statement to the victim D, stating that, even if he received the payment, he did not have a franchise XG car and did not have an intention or ability to transfer it, and that, even if he did not have any intention or capacity to transfer it, the Defendant received KRW 2,00,000 in cash from D as a price for the car at that place, and around 1:21 of the same month, the Defendant received KRW 2,00,000 from D to the account of the above community credit cooperative around the 28th of the same month, and around August 7, 2011.