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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
"2019 Highest 40"
1. On September 27, 2016, the Defendant, on September 27, 2016, made a false statement to the victim D (A, 53 years of age) in the Gangnam-si B, Gangwon-si, Gangwon-gu, Seoul, that “A, I want to engage in typ business in Seoul. I wish to carry out typ business in Seoul. Two A, I want to carry out typ business in the Republic of Korea. I need to pay KRW 10 million to the Republic of Korea on the part of the Philippines. If I lend money, I want to pay back the money on February 23, 2017.”
However, in fact, the Defendant did not have the ability to pay the money to the Philippines for the actual tyption of the children, and the Defendant did not receive the money from the victim because he was unable to receive the money due to the lack of the payment of the money from a large number of accounts in which the Defendant joined.
Nevertheless, the Defendant, by deceiving the victim as above, received 6.25 million won from the victim to the account in the name of Suhyup Bank (F) in the name of the Defendant’s child, and was exempted from the Defendant’s existing liability of 1.5 million won.
2. On December 5, 2016, the Defendant, at the place indicated in paragraph 1, around December 5, 2016, concluded that “A child is hospitalized in G Hospital due to a traffic accident. A vehicle owned by an infant on the roadway in order to not deal with an insurance accident caused by drinking, and scrap a vehicle to be scrapped. If the Defendant borrowed the vehicle in need of KRW 10 million at the expenses of the vehicle repair cost and the Aar hospital, he/she would complete the payment of KRW 10 million on July 27, 2017.”
However, even though the Defendant subscribed to a fraternity under the pretext of paying the said obligation without paying the said amount for not less than 6-7 months, there was a lack of economic circumstances, such as borrowing additional KRW 10 million from the fraternity immediately after joining the fraternity, and there was no possibility of receiving the time limit for repayment as agreed. Therefore, even if the Defendant borrowed money from the victim, there was no intention or ability to pay the said amount.
Nevertheless, the Defendant, by deceiving the victim as above, received KRW 7,717,120 from the victim to the above E account.