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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
1. Around January 2016, the Defendant made a false statement to the victim B by phoneing the victim B from the Buddhist land on January 2016, 2016, stating that “The deposit is required to return, but if the deposit is lent, the deposit is to be repaid.”
However, the defendant was seized at the time, there was no particular income, and there was no intention or ability to repay the money from the victim even if he borrowed money from the victim.
Around January 11, 2016, the Defendant, by deceiving the victim as above, received KRW 3,300,000 from the victim’s bank account (Account Number E) in the name of C, and acquired KRW 12,568,000 in total by remitting KRW 9,268,00 to the same account around 12th of the same month.
2. Around April 10, 2016, the Defendant made a false statement to the victim as stated in paragraph (1) stating that “Seoul-gu, South-do, would have made a lot of money for a computer-related business.” Before lending money, the Defendant would combine with the money borrowed prior to the lending of money, and would repay the money by November 2016. There is KRW 30 million received from the off-paid F, and even if he/she sells the in-paid vehicle, he/she will pay the money.”
However, in fact, the Defendant had been seized at the time, there was no particular income, and there was no money to receive from F, and the said BMW vehicle was not owned by the Defendant, but was paying installments, and most of the borrowed money from the victim was thought to be used for the Internet gambling fund or the cost of living. Therefore, there was no intention or ability to repay the money even if the Defendant borrowed money from the victim.
On April 11, 2016, the Defendant, by deceiving the victim as above, received KRW 3,00,000 from the G bank account (Account Number H) in the name of the Defendant from the victim, and received KRW 26,10,000 from the F Bank account (Account Number I) around the 12th day of the same month, and received KRW 26,10,000 in total from the F Bank account.