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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
The defendant knew the victim B, who is the husband's father, for 25 years.
1. On October 7, 2014, the defrauded made a false statement to the said victim by phoneing the said victim at an insular site on September 7, 2014, stating, “A lack of money to operate an insular phone. Humma was a cycle of KRW 100 million, and she would lend KRW 50 million to him/her, who will receive a singing contract.”
However, in fact, the Defendant did not own his own property, and the Defendant did not have a debt amounting to KRW 50 million ( KRW 15 million, KRW C’s debt amounting to KRW 20 million, KRW 15 million for the victim, and KRW 15 million for the victim), and in order to operate singing rooms, the Defendant decided to invest KRW 160 million for the need of investment and the partner D did not have any money amount to KRW 80 million. Since the Defendant’s mother did not agree to pay KRW 100 million to the Defendant, the Defendant did not have any intent or ability to pay the money within one year even if he borrowed money from the victim because the Defendant’s mother did not have promised to pay KRW 100 million for the Defendant.
Around October 7, 2014, the Defendant, by deceiving the victim as above, received KRW 50 million from the Fda located in Kimpo-si, Kimpo-si, Kimpo-si to receive KRW 70 million from the victim.
Accordingly, the defendant was given property by deceiving the victim.
2. On August 23, 2015, the defrauded concluded that “Around August 23, 2015, the Defendant would receive money from her mother and repay money within 2,000 won” from the “H” operated by the said victim in Kim Jong-si G.
However, the Defendant did not receive money from her mother. At that time, her mother was liable for 50 million won to the victim, and even if her mother promised to pay money exceeding 80 million won to D who was a singing partner operated by the Defendant, her mother did not have any intent or ability to complete payment.
As above, the defendant deceivings the victim and belongs to it.