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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
After becoming a victim F and elementary school student, a middle school student, and an adult member, the defendant knew that the victim's intellectual ability falls short of ordinary people in Seoul as well, and if the defendant borrowed money to the victim, he would easily consent to the lending of money and would not be necessary to make an agreement on the due date and interest, he thought that it is unnecessary to use money from the victim.
1. Around February 7, 2011, the Defendant made a false statement to the effect that “The Defendant was at H convenience points located in Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government, stating that “The Victim is lacking money in entering into a lawsuit-related contract, which requires five million won to lend a card, which is required to pay.”
However, in fact, the Defendant was in bad credit standing at that time, and the Defendant was unable to repay not only 10 million won borrowed from the victim on September 2009, but also 190 million won due to the Defendant’s failure to pay his/her debts to others, and the operating expenses are insufficient, such as the I’s monthly rent or failure in operation. Therefore, even if he/she borrowed money from the victim, there was no intention or ability to pay the full amount.
After deceiving the victim as such, the Defendant received the victim’s card and the Samsung Credit Card in the name of the victim and received two copies from the victim, the Defendant settled the above cards with the above 2,200,000 won in total with the above cards in the form of attorney-at-law fees, using the credit card received from Seocho-gu Seoul Metropolitan GovernmentJ on the same day, and acquired property benefits equivalent to the same amount.
2. Around April 5, 2011, the Defendant made a false statement to the Defendant, “The Defendant, at the IF franchise office in Seoul Jung-gu L, stating that, even if he/she borrowed money in the above circumstances, he/she did not have any intent or ability to repay it, he/she would not have any intent or ability to repay it.”
The defendant deceivings the victim and is under his control.