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A defendant shall be punished by imprisonment for not less than four years and six months.
Reasons
Punishment of the crime
"2017 Highest 1904"
1. On February 19, 2017, the Defendant sent the principal and interest to the victim E at “D” entertainment stations located in Gangnam-gu Seoul Metropolitan Government around February 19, 2017, for the following day, at the victim E: (a) “A mutual agreement is made to lend the money to the victim E to sell the money at a premium; (b)” and (c) “A mutual agreement is made when sending the money to the victim, to the 12:30 if it is rapid, then the principal and interest will be sent by the next day.
“False speech” was made.
However, in fact, the Defendant did not engage in any business related to the sale and purchase of gold, and as such, the Defendant was planning to gamble money from the injured party, and thus did not have any intent or ability to repay the principal and interest of the loan as promised to the injured party, even if he borrowed money from the injured party.
As such, the Defendant, as well as by deceiving the victim and immediately receiving 6 million won as the borrowed money from the victim, received 6 million won as the borrowed money from April 2016 to March 2017, and acquired 784,846,000 won in total as the borrowed money from 17 victims, such as the one in the list of crimes, from around April 2016 to March 2017.
"2017 Highest 3377"
2. On October 10, 2016, the Defendant made a false statement to the effect that “The Defendant would pay KRW 60,000,000 to the victim F for 60 days each day when he/she has operated real estate rental business, and borrowed KRW 50,000,000 to the victim F for 60 days, and the Defendant would further pay KRW 65,00,000 by the end of February 2017.”
However, the Defendant did not run the real estate rental business at that time, and as the loan was used as the Internet gambling fund, there was no intention or ability to repay the principal and interest of the loan.
Nevertheless, the Defendant, as such, received 17 million won from the injured party on October 11, 2016, from H association account under G name, and received 33 million won in total from the same account on October 13, 2016, and acquired 50 million won in total from the same account on October 13, 2016, as shown in attached Table 2, until January 3, 2017.