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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. Crimes against victims C;
A. On July 4, 2011, the Defendant called the victim C by phoneing the phone to the victim, stating that “The Defendant may purchase and pay the profit equivalent to KRW 2 million if sold. If the Defendant borrowed KRW 30 million, he/she shall purchase and sell an Adddy vehicle within 10 days, and shall pay the principal and interest of KRW 70,000,00,000.”
However, even if the defendant borrowed money under the above name as above, he was thought to use it for his own living expenses and repayment of obligations, and there was no property or fixed income at the time, and there was no intention or ability to repay the money even if he borrowed it from the victim because it was only a debt of 40 million won.
Nevertheless, the Defendant, as above, by deceiving the victim, received 30 million won from the victim to the agricultural bank passbook in the name of the Defendant from the victim, i.e., the victim.
B. On January 13, 2012, the Defendant called the victim C, and stated that “A vehicle with a vehicle of 5 K-5 years which has been one year since the purchase may be purchased and the benefit of KRW 1,00,000 may be paid if it is sold, and a loan of KRW 11,00,000 shall be repaid within three days with the principal and KRW 70,000,000,000 of the profit.”
However, even if the Defendant borrowed money under the above name as above, he thought that it would be used to repay his own living expenses and debt, and there was no property or fixed income at the time. Rather, the Defendant was only liable for the amount of KRW 40 million, and thus there was no intention or ability to repay the money even if it was borrowed from the victim.
Nevertheless, the Defendant, as above, by deceiving the victim, received from the victim a transfer of KRW 11,00,000 from the victim to the one bank passbook in the name of the victim.
2. On March 15, 2012, the Defendant committed a crime against the victim E by phone calls to the victim E at an unsound place.