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A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
"2016 Highest 5998"
1. Fraud against the victim C;
A. On May 22, 2015, the Defendant: (a) at the office of “E agency” located in Busan Northern-gu, Busan; (b) notwithstanding that the Defendant had a large amount of debt at the time and did not have the intent or ability to change the loan even if it was given under the name of the victim C, the Defendant made a false statement to the effect that “I would receive a loan under the name of Pner and repay the existing loan to P, who would receive a re-loan in the name of P, and would receive a re-loan in the name of P, and pay the P,” and (c) then, the Defendant got the victim to receive a total of KRW 26 million from the A savings bank and KRW 2 million from H, KRW 2,000,000 from the H, KRW 1,000,000,000 from the C and transferred it to the Defendant’s account on July 17, 2015.
B. Around August 6, 2015, the Defendant: (a) sold a mobile phone in the name of the said victim and intended to use it to repay the Defendant’s existing debt; (b) the Defendant made false statement to the victim that “only if he/she borrowed the name for opening performance, he/she shall not cause any damage, such as the value of the mobile phone devices, charges, etc.; and (c) he/she shall terminate the application for subscription to the mobile phone; and (d) received personal information from the injured party; and (e) subsequently, he/she took part in the agency’s mobile phone in the Busan metropolitan traffic Daegu on the same day, thereby taking part in the mobile phone under the victim’s name and obtained the pecuniary benefit equivalent to the same amount from the injured party by subrogated payment to the injured party.
(c)
On April 25, 2016, the Defendant: (a) called “F apartment A” 607, Busan Northern-gu, Busan, and “C”; and (b) even if the Defendant borrowed money from the damaged party due to a large amount of debt at the time, the Defendant did not have the intent or ability to pay the money.