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A defendant shall be punished by imprisonment for six months.
All of the applicants' applications for compensation are dismissed.
Reasons
Punishment of the crime
“Around July 29, 2015, the Defendant called the victim B by phone at a place where it is impossible to know the place on or around July 29, 2015, and received money from the victim B to the account in the name of a foreign exchange bank in the name of the Defendant to the effect that “A child needs to be subject to punishment in Japan and to be repaid monthly if he/she lends KRW 7 million to the victim,” and that he/she was transferred KRW 5 million per day from the victim, and KRW 2 million per day to the account in the name of the Defendant.
The facts are as follows. The Defendant did not have a plan to start a business in Japan, and the amount that the injured party paid as above was planned to use for the Defendant’s debt repayment and living expenses. The monthly interest at the time reaches KRW 1.5 million and there was no particular property and there was no intent or ability to repay the amount even if the injured party borrows money from the injured party as above.
In addition, the Defendant received KRW 32,50,000,00 from around that time to January 16, 2017 by deceiving the victim as shown in the list of crimes in attached Table 1.
On January 27, 2016, the Defendant, “2017 Highest 178, the Defendant,” stating that “A victim C shall lend KRW 5 million,00,000,000,000,000,000,000,000,000,000,000 won, to the account of a national bank (D) in the name of the Defendant on the following day.”
The Defendant did not have been subject to fraud, and even if he did not borrow money from the damaged party due to no particular property, the Defendant did not have any intent or ability to repay the money.
In addition, the Defendant received KRW 19,700,000 from around that time to February 15, 2017 by deceiving the victim three times, such as the list of crimes in attached Table 2.
Summary of Evidence
"2017 Highest 71"
1. Statement by the defendant in court;
1. Statement made by the police against B;
1. The receipt of loan and the deposit transaction record;