A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

The Defendant was a person who operated a golf course shuttle bus in D located in Jeonsung-gun, Jeonsung-gun, Jeonsung-gun, a continuous tourist from May 7, 2009 to March 201, and the victim E was a person who worked as a cleaning agent in D from April 7, 2008 to April 9, 2010.

When the Defendant came to know that the victim, who worked in the same place, was not aware of the fact that the intelligence was somewhat falling compared to normal persons such as the lack of knowledge in Korean language, he was able to acquire money from the victim.

1. On June 2009, the Defendant made a false statement to the victim in the above D, which is located in Bosung-gun, Jeonsung-gun, Cho Sung-gun, stating that “The Defendant shall pay 1,500,000 won in loan to the victim.”

However, around that time, the Defendant had a debt of approximately KRW 60 million, and the partner who operated the Ka Center has received money from the partner, and the household check issued by the Defendant was also in default, and it was difficult for the Defendant to have a bad credit standing due to the Defendant’s failure to recover the lease deposit due to the failure of the owner of the residence where he had been found to be in full duty. Therefore, even if the Defendant borrowed money from the victim, there was no intention or ability to repay it.

As above, the Defendant, by deceiving the victim as above, obtained 1.3 million won from the victim around June 3, 2009 and acquired it by deception.

2. On September 2009, the Defendant made a false statement to the victim by telephone, stating that “The Defendant would have repaid KRW 15 million to the next-hand passenger bus, if it is necessary to buy a secondhand tourist bus to the next-hand passenger.”

However, on the grounds stated in the above 1.1., the Defendant was unable to repay the money borrowed from the victim. Therefore, even if he borrowed money from the victim, he did not have the intent or ability to repay the money.

The Defendant, as above, deceiving the victim and then, received KRW 14 million from the victim on September 23, 2013 at a mutually unclaimed restaurant located in the Sacheon-si, Sacheon-si.