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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
1. From June 2011 to June 201, the Defendant made a false statement to the victim D at the Defendant’s home located in Gohap-gun, Chungcheongnam-gun, Gyeongcheon-gun, that “I would pay five million won if I would not pay.”
However, in fact, the Defendant had a personal obligation of approximately KRW 50 million and did not have any other property. At the same time, the Defendant had been using the money from other persons at the same time, and there was no intention or ability to repay said money even if he received money from the victim.
The defendant obtained the consent from the victim on the same day and received the victim's 5 million won in lieu of the victim's 5 million won which should receive from E around that time.
2. Around 2012, the Defendant made a false statement to the victim F at the Defendant’s home located in Gohap-gun, Chungcheongnam-gun, Gyeongcheon-gun, on any day of 2012, stating that “I will use the victim F as soon as I will pay the amount of other accounts if I do not pay the amount of money.”
However, in fact, the Defendant had a personal obligation of approximately KRW 50 million and did not have any other property. At the same time, the Defendant had been using the money from other persons at the same time, and there was no intention or ability to repay said money even if he received money from the victim.
The Defendant received a total of KRW 11 million from the victim on several occasions around that time, and acquired it by fraud.
3. Around June 21, 2013, the Defendant stated that “Around June 21, 2013, at the Defendant’s home located in Gohap-gun C, Chungcheongnam-gun, Gyeongcheon-gun, the Defendant would pay back to the Victim G with the amount of money that “if the Defendant borrowed KRW 20 million, she would have a marriage ceremony of her children and enter the country.”
However, at the time, the defendant did not have a marriage ceremony for children, and there was a personal obligation of approximately KRW 50 million.