A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On October 14, 2016, the Defendant was sentenced to one year for fraud in the Chungcheong District Court Assistance, and was released from the Chungcheong House on July 28, 2017, and the parole period expired on August 29, 2017.

1. On March 23, 2019, the Defendant made a false statement to the victim B, who was a branch of the Defendant, at the Chungcheong City, on March 23, 2019, stating that “The Defendant would have repaid KRW 2 million, as agreed money and hospital expenses are required, to be repaid until March 26, 2019.”

However, the Defendant was thought to receive the above money from the victim to use it as card payment, living expenses, etc., not as agreed money. At the time, the Defendant had a debt of approximately KRW 30 million and did not have any other property and did not have any other property. Therefore, even if he borrowed the above money from the victim, the Defendant did not have an intent or ability to pay it until the agreed date.

Ultimately, the Defendant, by deceiving the victim as above, received KRW 2 million from the victim to the C association D account under the name of the Defendant on the same day.

2. On March 24, 2019, the Defendant made a false statement to the Defendant that “Around March 24, 2019, the Defendant borrowed KRW 500,000 to the Defendant as Kakakaooox because there is no surplus money.” On March 24, 2019, the Defendant made a false statement to the effect that a payment for completed portion would be repaid until March 27, 2019.”

However, at the time, the Defendant had a debt of approximately KRW 30 million, and there was no particular property and no other revenue was specified. Therefore, even if the Defendant borrowed the above money from the victim, there was no intention or ability to repay it by the date of the promise.

Ultimately, the Defendant deceivings the victim as above, and received KRW 500,000 from the victim to the CUnion account under the name of the Defendant on the same day.

3. The Defendant committed the crime on March 26, 2019: (a) around March 26, 2019, KRW 6,50,000 for the victim to install air conditioners to the Kakaoo on the part of the Haju-si.