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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
1. On October 22, 2013, the criminal defendant against the victim C made a false statement to the victim at the victim’s house located in Gyeyang-gu Incheon Gyeyang-gu Incheon Metropolitan City Gyeyang-gu, stating that “If the victim gives money to the victim, he/she would return interest 5% per month by investing in that person.”
However, the Defendant did not have any means to invest the money received from the victimized party because he did not know that he did not possess any special property while he did not have any knowledge of the person who would pay high interest, such as the obligation to an insurance company to which he was accompanying, and even if he borrowed the money from the injured party due to the fact that he did not want to use the money as debt repayment and living expenses to the insurance company, the Defendant did not have any ability or intent to pay the money.
The Defendant received KRW 2 million from the damaged party to the SC bank account in the name of the Defendant, from around May 27, 2015, a total of KRW 40,50,000,000 from around 13 times, as shown in attached Table 1, from around May 27, 2015.
Accordingly, the defendant was given property by deceiving the victim.
2. On December 9, 2013, the criminal defendant against the victim E made a false statement to the victim’s house located in Gyeyang-gu Incheon Gyeyang-gu Incheon Metropolitan City Gyeyang-gu D that “If he/she gives money to the victim, he/she would return interest 5% per month by investing in that person.”
However, the defendant bears an amount equivalent to 50 million won of personal debts, such as debts owed to an insurance company accompanying the defendant, while not holding any special property, but did not know of the person who would pay high interest, so there was no way to invest the money received from the victim. The defendant uses the money received from the victim as debt repayment and living expenses to the insurance company.