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A defendant shall be punished by imprisonment for not less than three months.
Reasons
Punishment of the crime
On December 2, 2015, the Defendant called the victim P by phoneing the victim P at a non-severed place in the middle of 2015, and made a false statement to the effect that “I wish to pay back with three (3) interest after three (3) months from the loan of KRW 8.5 million.”
However, in fact, the Defendant did not use money from the injured party to borrow money from the injured party, and was willing to use money for gambling or to repay personal debts to the injured party. Since there was no certain income at the time and there was no excess of the debt, there was no intention or ability to repay the money even if he borrowed money from the injured party.
Nevertheless, the Defendant received from the injured party the transfer of KRW 4.5 million around December 29, 2015, and KRW 4.5 million around January 19, 2016, respectively, to the national bank account (H) in the name of G, his/her father, respectively.
Accordingly, the defendant was given property by deceiving the victim.
"2017 Highest 5850"
1. On June 30, 2015, the Defendant committed the crime against the victim Q Q does not have money to the victim Q Q in the S cafeteria located in Busan Southern-gu, Busan-gu.
A false statement was made to the effect that the lending of money would receive fraternity payments or to receive wages from his/her father and wife.
However, in fact, the Defendant was a person with bad credit standing at the time, and was in excess of his/her obligation without certain income, and thus there was no intention or ability to pay money from the injured party.
The Defendant received KRW 2.6 million from the injured party on the same day as the borrowed money, from around January 11, 2016, a total of KRW 1,462,00,000,000 from that time, including the Defendant received from the injured party on the same day.
Accordingly, the defendant was given property by deceiving the victim.
2. On April 2015, the criminal defendant against the victim T is admitted to the number fraternity operated by the victim T, and the priority shall be given to the defendant.