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A defendant shall be punished by imprisonment for not less than two months.
Reasons
Punishment of the crime
[Criminal Power] On January 23, 2015, the Defendant was sentenced to 10 months in the Jeonju District Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and completed the execution of the sentence in the military prison on July 19, 2015.
【Criminal Facts】
Although there was no particular property or income at the time, the Defendant borrowed money from the victim AG to use it as living expenses, entertainment expenses, etc.
1. On September 17, 2015, the Defendant conspired with AH on September 17, 2015, in collusion with the Defendant, at the AJ convenience store located in the U.S. A.S. A.S. In full-time, the Defendant made a false statement to “on the following day if the Defendant borrowed KRW 2.3 million.”
However, the Defendant and AH did not have any particular property or income, so even if they borrowed money from the victim, they did not have any intent or ability to repay it.
The Defendant and AH, as such, had the victim deceiving, and were given 2.3 million won in cash from the victim.
2. On October 23, 2015, the Defendant conspired with AH to lend money in collusion with the Defendant at around 19:00 on October 23, 2015, stating that “If the Defendant obtained a loan of KRW 2,500,000,000 from Rusn Capital, he/she shall repay the money to the Defendant.”
However, at the time, the Defendant and AH did not have any intent or ability to repay the borrowed money from the victim, such as Paragraph 1.
The Defendant and AH, as such, deceiving the victim and had the victim borrow 3 million won from R&Wn City, i.e., R&Wn City, and received delivery of 2.5 million won among them.
3. On October 26, 2015, the Defendant conspired with AH to make a false statement to the effect that “If the Defendant, in collusion with the Defendant, borrowed KRW 3 million from Edcop, he/she would complete the payment of the said money to B and AH if he/she borrowed the money from Edcop to the Defendant.”
However, at the time the defendant and AH have the intention or ability to repay the borrowed money from the victim, such as Paragraph 1.