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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
1. Around 15:30 on December 29, 2017, the Defendant: (a) stated that the Defendant was “C” located in the Jeonsung-gun, Jeonsung-gun, Jeonsung-gun on December 29, 2017; and (b) the victim D was unable to gather and live at the age of 70; and (c) was married. There was no money to have been married. Around May 2018, the Defendant borrowed money from the lending company when the credit rating is good, and thus, the Defendant would lend KRW 20 million.”
However, the Defendant had no intention or ability to pay the money even if the Defendant borrowed money from the victim because the Defendant had already failed to repay the money from the lending company, so the credit rating was very low, and the Defendant cannot borrow money from the lending company due to the circumstances such as not being able to repay the above debt.
Nevertheless, the Defendant, as above, by deceiving the victim, transferred the amount of KRW 20 million to the E account in the name of the Defendant from the cash withdrawal period in the name of the victim, from December 29, 2017 to the cash withdrawal period in the name of the Defendant, around 15:30 on December 29, 2017, using the E-bank Card in the name of the victim who was defeased from the victim, and withdrawn KRW 5 million in cash.
Accordingly, the defendant deceivings the victim, thereby deceiving 25 million won.
2. Around February 28, 2018, the Defendant: (a) stated that “A” would not borrow money from the victim; (b) if the Defendant borrowed money from a bank to have it repaid; (c) if the Defendant borrowed money from a bank to have it repaid, the Defendant would have to repay the money borrowed from the bank.”
However, as stated in Paragraph 1, the Defendant was unable to borrow money from the lending company due to a very low credit rating at that time, and thus, the Defendant did not have any intent or ability to repay the money even if he borrowed money from the victim.
Nevertheless, the Defendant, as seen above, by deceiving the victim, received 20,000 won from the “G Association” to the “G Association” of the same day from the victim.
Accordingly, the defendant deceivings the victim, and 2.