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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
1. Around May 8, 2019, the Defendant introduced the Victim B, who became aware of through the Pestbook, to the effect that “B is engaged in trade business in 56 countries,” the Defendant was 30 billion won assets, and was in exchange for the victim. On May 10, 2019, the Defendant did not have any intent or ability to pay the victim money, even if the Defendant received money from the victim for living expenses, etc. and received money from the victim.” However, the Defendant did not have any intent or ability to pay the victim money.
Nevertheless, on May 21, 2019, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the G bank account (H) in the name of the Defendant on May 21, 2019, and acquired by transfer the total amount of KRW 965 million from the above date to July 25, 2019.
2. On June 26, 2019, the Defendant provided that “The Defendant would pay the victim the credit rating and the credit limit by using the credit card at the face of the week, and pay the settlement amount.” However, the Defendant did not have any intent or ability to pay the price even if the Defendant received and used the credit card from the victim in a situation where it is impossible to obtain the credit card under his/her name due to delinquency in the payment of the credit card.
Nevertheless, as above, the Defendant, by deceiving the victim, received an I card under the victim’s name from the victim, and used 4,206,516 won in total over 85 times from June 27, 2019 to September 23, 2019, and paid the amount to the victim.