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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
From the end of 2010 to the end of 2010, the Defendant, as Canada, worked as an English instructor at the D Language Research Institute located in the Gansi District C from the end of 2010.
1. The fraud related to the transfer of shares in a private teaching institute was an instructor who is receiving the monthly salary of the said foreign teaching institute, and did not have any shares in the said foreign teaching institute, and thus there was no intention or ability to transfer the shares in the said foreign teaching institute to the victim E.
On December 2012, the Defendant borrowed money to the victim at the French coffee shop located in Gwanak-gu in Seoul Special Metropolitan City, and made a false statement that he/she would receive 40 million won as he/she received shares in D Language Research Institutes.
As above, the Defendant, by deceiving the victim as above, received KRW 38 million from the victim under the pretext of transfer of the shares in the fish driving school under the pretext of transfer of the shares in the fish driving school.
2. The Defendant, in relation to the borrowed money for acquiring a private teaching institute, tried to use the borrowed money for gambling with the victim, and did not have the intent or ability to take over the private teaching institute, and did not have the intent or ability to repay the borrowed money to the victim because it did not have any property.
On December 29, 2012, the Defendant, by telephone, provided that he/she would repay the amount to the victim if he/she lends the amount to the victim for the acquisition of the said D Language Institute.
As above, the Defendant, by deceiving the victim as above, received KRW 22 million from the victim on or around December 29, 2012 as the borrowed money, and received KRW 143 million over 10,000 from the same day to January 22, 2013, as shown in the annexed crime list 1, as well as from the same day.
3. Around February 8, 2013, the Defendant merely intended to use the funds borrowed from the victim for gambling purposes, and did not have the intent or ability to borrow the funds additionally from the victim with the funds borrowed from the victim, and there was no intention or ability to repay the funds borrowed from the victim due to the absence of property.
The Defendant shall use a telephone around February 8, 2012.