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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
1. Around September 28, 2011, the defrauded, around September 28, 2011, the Defendant made a false statement to the effect that “A victim C’s house located in Seongbuk-gu Seoul Metropolitan Government, would urgently require money to start real estate business again. If the husband begins real estate business, he/she may pay money on the ground of a contract under which he/she will be sexually dead.”
However, in fact, the husband D of the defendant or the defendant did not start the real estate business immediately or have a contract to be sexually dead, and there was no intention or ability to repay the amount of damage to the victim due to the lack of assets or profits in excess of debt and bad credit standing, and it was thought that the amount of damage was collected to be used for the repayment of existing debt.
As such, the Defendant, by deceiving the victim, received KRW 5 million on the same day as the loan money from the victim, and KRW 10 million on November 2, 201, in total, KRW 5 million on the same day and KRW 5 million on November 2, 201.
2. Around December 20, 2011, the Defendant made a false statement to the effect that “Around December 20, 2011, the Defendant would make a phone call to the said victim at the Defendant’s residence located in Gyeonggi-si E, Gyeonggi-gu, and that “A car, if he/she lends the money, he/she would have the money play with an interest rate of 5% after 10 days.”
However, the Defendant, as agreed upon by the victim, did not have the intent or ability to pay the amount of damage with 5% interest within 10 days, and was thought to have received the amount of damage under excess of debt and bad credit standing and used it for the repayment of the existing debt.
As such, the Defendant, by deceiving the victim as such, received KRW 5 million around December 20, 201 and KRW 4.5 million around December 26, 201, from the victim as the borrowed money. The Defendant received KRW 9.5 million in total from the victim around December 26, 201.
3. On or around January 22, 2012, the Defendant: (a) on or around January 22, 2012, the victim’s residence, “Absent money is insufficient to be used in the life expectancy; (b) money to be received at the present time and is going to do so; and (c) if the Defendant borrowed KRW 1 million, he/she will be paid the money.”