Text
A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
【2019 order 5568】
1. On April 19, 2019, the Defendant made a false statement to the victim’s restaurant operated by the victim C in Seoul Special Metropolitan City, Nowon-gu, stating that “Around April 19, 2019, the Defendant would receive and complete payment of the fraternity of five million won or more to the victim.”
However, at that time, the Defendant had been liable for the debt of KRW 73 million from the land without any special income, and had been promised to repay the debt to the land owner with the fraternity that he/she joined. Therefore, the Defendant did not have the intent and ability to repay the debt to the land owner.
As above, the Defendant, by deceiving the victim as above, received cash 5 million won from the victim's restaurant on the following day from the victim as the borrowed money.
2. The defendant has committed the same harm;
8. Around 16. Around the same day, the above victim made a false statement at the same place stating that “If the victim sells the sidewalk, he/she will repay all of the borrowed money to him/her at once, even if he/she lends 5 million won, since he/she would be paid 20 million won premium.”
However, the Defendant had a large amount of obligation without any special income as referred to in the preceding paragraph, and was not in operation of the sidewalk at that time, and thus, the Defendant did not have the intent and ability to repay the borrowed amount to the victim.
As above, the Defendant, by deceiving the victim, received cash worth KRW 5 million from the victim as the borrowed money at the same place on the same day.
【2020 Height309】
1. On January 10, 2016, the Defendant concluded that, at the head office operated by the victim E in Seoul Special Metropolitan City, Nowon-gu, the victim “A female son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son.
However, around that time, the Defendant has been liable for the amount of 25 million won without any special property or income, and used the borrowed money for the daily expenses.