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A defendant shall be punished by imprisonment for not less than nine months.
Reasons
Punishment of the crime
The defendant, while working in a security company, has failed to carry out business, such as a door-line store or mobile phone agency in addition to the company's service, and has caused large amount of debts due to the Internet's private sports entertainment, etc., the defendant sent a demand for the repayment of debts and has caused the shortage of living expenses to borrow money from the people.
1. Fraud against the victim B;
A. On March 16, 2018, the Defendant made a false statement to the victim B by telephone at a place not known to him/her on March 16, 2018 to the effect that “If a credit card is lent, it is necessary to pay money by mistake with another company.”
However, as seen above, the Defendant was liable for a loan company, etc. with business failure and Internet gambling, etc. with a debt of 150 million won or more, and was intended to lend cash using the victim’s credit card, and there was no need to pay money to deal with the wrong contracts with other companies, and there was no intent or ability to pay the victim’s credit card price.
As above, the Defendant, by deceiving the victim and transmitting the victim’s pictures from the victim’s name on the same day, used them to settle KRW 500,000,000 in online member shop DD, and settled KRW 2,00,000 in the same way as March 17, 2018, and acquired property benefits equivalent to KRW 1,30,000 in the same way as March 18, 2018, by settling KRW 1,300,000 in the same way.
B. On March 20, 2018, the Defendant made a false statement to the effect that “If he/she lends money to the son/child-gu with which he/she has to pay the money to the son/child-gu, he/she will pay the money later.”
However, as seen above, the Defendant did not have any intent or ability to repay the borrowed money because the Defendant was liable to the lending company with the business failure and the Internet gambling, etc. for the debt of KRW 150 million or more.
The Defendant above.