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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 2012, 2012, the Defendant made a false statement to the victim E, who became aware of the fact at the D shop located in Mascing-si, Scking-si, with a large distance of distance from now to now in doing work, such as domestic exchange of notes, settlement of obligations, and lending. Furthermore, if the Defendant borrowed preparatory funds, such as office rent, he/she would return money, without doing so.
However, the Defendant had no property at the time and received revenues from 100,000 won per month, and the support fund of the missionary union was about 60,000 won per month, and there was no intent to use the victim’s money in exchange for bills, resolution of debt relations, and lending. Therefore, there was no intention or ability to pay the victim even if he received money from the victim.
On April 12, 2012, the Defendant, by deceiving the victim as above, received KRW 5 million in cash from the above store as the borrowed money from the victim, and received KRW 2 million in cash from the above store around April 15, 2012, respectively, around April 15, 2012.
2. Around April 16, 2012, the Defendant made a false statement to the said victim by telephone, stating that “The present work is well doing. It is a fluent, and even if he does not have any son, he shall not be recovered if he believed that he did not have any son. It would immediately be exchanged with the bank when the sponsor’s sponsored article enters the country. If he lends the cost of transporting the above article, he would give KRW 1 billion within five days.”
However, the Defendant had no property at the time, and the monthly income was about KRW 100,000,000 per month, and the support fund of the missionary union was also about KRW 60,000 per month, and there was no need or ability to repay even if the Defendant received money from the victim.
The Defendant, as above, by deceiving the victim, received KRW 1 million from the victim with a new bank account (F) in the name of the Defendant on the same day under the pretext of borrowing money.
3. On May 20, 2012, the Defendant is in Gwanak-gu Seoul Special Metropolitan City G.