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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. On April 21, 2009, the Defendant made a false statement to the effect that “If he/she lends money to the victim at the victim H’s home located in Kimhae-si, he/she would lend money to the victim, he/she would lend KRW 30,000,000,000 per month interest.”
However, the Defendant did not have the intent or ability to engage in the bond business normally with the money received from the injured party. Furthermore, at the time of I, he had the obligation to pay approximately KRW 70 million to I as well as about KRW 200 million to her relatives, such as her relatives and her mothers. Pursuant to active property, the Defendant owned approximately KRW 130 million as the market price was about KRW 130,000,000,000 as the total amount of the claim was set up two cases of collateral security in the aggregate amount of KRW 125,40,000,000 as the maximum amount of the claim was not secured, and there was no other property or income, and there was no intention or ability to pay the interest of KRW 4,00 to the victim.
The Defendant, as above, by deceiving the victim, received KRW 30 million from the victim to the new bank account under the name of the Defendant on the same day from the victim, and subsequently, acquired the total amount of KRW 1498 million through remittance from March 16, 2010 to March 18, 201, as shown in the List of Crimes (1) and (2) of the attached Table of Crimes from March 16, 201.
2. On August 17, 2009, the Defendant was detained in custody by phone to the victim H at an insular place on August 17, 2009.
4 million won is required if she has been repaid at home and has been paid at home.
A false statement was made to the effect that it would be repaid with the transfer borrowed amount, which would be 400,000 won to transfer.
However, at the time of fact, the defendant had a large amount of obligation as stated in the above 1, and there was no other property or income, so even if he borrowed money from the injured party, he did not have an intention or ability to repay it.