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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
[2018Kadan4630] On November 18, 2008, the Defendant, along with B, made a false statement with B, that “B shall give full consideration to the victim D that “if the Defendant lends a loan of KRW 50 million, 50 million to him/her immediately after one week, he/she would have paid the interest that he/she would recover from the Defendant,” and the Defendant entered the amount of KRW 1 billion from the art gallery around November 28, 2008, which reads “B that he/she borrowed money from B.” The Defendant would give KRW 100 million out of the said money. To transfer the money to the account under the name of the victim, the Defendant would have repaid the principal and would have the remainder of the money be able to be operated by the victim.”
However, in fact, the Defendant did not borrow money from B, and the Defendant did not have any intent or ability to repay money even if B or the Defendant borrowed money from the victim, by preparing a false loan certificate as if B had the Defendant receive money from the Defendant.
B was transferred from the victim to the single bank account in the name of B in November 18, 2008, and KRW 10 million in total, around November 19, 2008, and KRW 20 million in total, including KRW 10 million in around November 19, 2008.
Accordingly, the defendant received the property of the victim in collusion with B, and acquired it by fraud.
[2018 Highest 4886] The defendant did not have any property and did not have any intent or ability to repay money to the victim E even if he/she borrowed money due to the lack of certain income.
Nevertheless, on December 3, 2008, the Defendant, at the G-gu H restaurant located in Seoul, G-gu Office, stating that “The Defendant would pay KRW 10,500,000,000 to the victim, including the interest that is required to do so. If the Defendant borrowed money, the Defendant received from the victim, i.e., KRW 10,000,000,000 from the victim as the borrowed money.”
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
[2018 Highest 4630]
1. Each police interrogation protocol on the accused and B;
1. D. D.