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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. On May 18, 2015, the criminal defendant against the victim B made a false statement to the victim B, “If he/she lends KRW 20 million to the victim B, he/she would have to receive KRW 50 million from the previous wife after 2-3 months since he/she would receive KRW 50 million from the previous wife.”
In fact, there is no possibility that the defendant would receive a refund of KRW 50 million around that time. The payment was seized because it was not repaid to the lending company, etc., and it was paid to the lending company at least KRW 100,000 per month, and it did not have the intent or ability to repay the borrowed amount to the victim by paying KRW 1,50,000 per month to the payment of the child support.
On May 20, 2015, the Defendant, by deceiving the victim as above, obtained a total of KRW 10 million from the E Bank Account (F) in the name of the Defendant, and obtained a total of KRW 19.3 million from the same account on May 25, 2015, including KRW 9.3 million.
2. On April 5, 2017, the criminal defendant against the victim G made a false statement to the victim G, “If a loan of KRW 22,00,000,000 is made to B, a loan by a loan company that provided a guarantee to B for a punishment would also be repaid, and a loan by a loan company that provided a guarantee for a punishment would be repaid in the name of B, raising the credit rating, thereby receiving a loan again in the name of B.”
In fact, the Defendant was thought to use the borrowed money as debt repayment, interest payment, living expenses, etc. to the individual creditors, such as J and K, not to pay the borrowed money to the lending company. Since the debt amounting to KRW 1.6 million at the time has accumulated, it is difficult to pay the interest amounting to KRW 1.6 million per month, and there was no intention or ability to pay the borrowed money to the victim.
As above, the Defendant, by deceiving the victim, received from the victim, the sum of KRW 12 million on April 27, 2017, and KRW 22 million on April 28, 2017, as well as KRW 10 million on April 28, 2017, and acquired it through an E bank account (F) in the name of the Defendant.
Summary of Evidence
1. The defendant;