A defendant shall be punished by imprisonment for a term of one year and three months.

Punishment of the crime

【2018 Highest815】

1. Fraud against the victim B;

A. On December 7, 2017, the Defendant made a false statement to the victim that “The Defendant borrowed KRW 35 million as it is necessary to operate the telecom. The borrowed money will receive a loan after three months.”

However, at the time, the Defendant borrowed a reasonable amount from other parties to the lending company and repaid the debt in so-called form to prevent the return, and it seems that it was difficult to repay the existing debt with profits equivalent to 2 million won per month received from the Domoto who operated at the time. The Defendant was willing to use the money received from the victim for personal debt repayment and Internet gambling, etc., so there was no intention or ability to normally repay the borrowed money on the date of the promise by the victim.

Nevertheless, the Defendant received 35 million won from the victim’s account in the name of the Defendant on the same day.

Accordingly, the defendant was given money by deceiving the victim.

B. On March 7, 2018, the Defendant made a false statement to the victim stating that “The Defendant would have to operate the telecom any more than the funds needed. The Defendant borrowed the tegrative money to repay all at once after three months including the money lent to the Plaintiff for three months prior to the Plaintiff’s office.”

However, the defendant did not have an intention or ability to pay the borrowed money normally on the date of the promise of the victim for the same reason as the above paragraph (a).

Nevertheless, the Defendant received 12.8 million won from the victim’s account in the name of the Defendant on the same day.

Accordingly, the defendant was given money by deceiving the victim.

2. On December 13, 2017, the criminal defendant against the victim I is the victim before the victim company in theJ of the racing-si.