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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
around February 12, 2019, the Defendant called “Around February 12, 2019, the Defendant called “Around Eunpyeong-gu, Seoul, to complete the payment of KRW 1,00,000,00,000,000,000,000,000,000 won, as he/she was hospitalized in the hospital and urgently needed to pay money to the victim C.”
However, the defendant's money was not hospitalized in the hospital, was thought to use it as gambling funds by borrowing money from the victim, and there was no intention or ability to repay the borrowed money due to the absence of any special property or income.
Nevertheless, the defendant deceiving the victim as above and received KRW 1 million from the defendant's D account to the victim's D account, as well as from February 12, 2019 as shown in attached Table 1.
3. Until 14.28 times, a total of KRW 130,8950,000 was received and acquired by deception.
"2019 Highest 2388"
1. At around April 29, 2018, the Defendant: (a) false statement stating that “A victim would have been able to consume money by gambling or living expenses even if she received or borrowed money from the victim; (b) he/she did not have any intent or ability to repay the money received from the victim; (c) he/she received a remittance of KRW 400,000 from the victim for the borrowed money from the victim to February 24, 2019; and (d) received the money by means of money borrowed from the victim for the purpose of the borrowed money; and (d) from then to February 24, 2019, he/she acquired the money by remitting KRW 8,8489,186 in total on 93 occasions as stated in the attached Table 2.
2. The Defendant: (a) around September 5, 2018, at the H coffee shop located in Eunpyeong-gu Seoul Metropolitan Government, the Defendant: (b) even if having received or borrowed money from the victim, the said money was thought to consume money due to gambling funds, living expenses, etc.; and (c) notwithstanding that the Defendant did not have the intent or ability to repay the money received from the victim.