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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
1. On August 2016, the Defendant made several contacts to the victim B (the victim 38 years old) at a place where it is not known to the police officer at the beginning of August 2016, stating, “The interest and the principal shall be paid in full, and the principal shall be paid in full.”
However, the Defendant had no other property except for the passenger car purchased with the vehicle security loan from April 2015, due to the increase of the damages caused by the gambling, and the Defendant had tried to prevent the return of the loan borrowed from the person who suffered the loan due to the lack of any other method to repay the existing damages. Accordingly, even if the Defendant had guaranteed his/her obligation to another person, he/she did not have any intention or ability to repay his/her obligation.
Around August 22, 2016, the Defendant: (a) by deceiving the victim as above; (b) had the victim bear the joint and several liability amounting to KRW 12,00,000,000 of the guaranteed amount; and (c) had the victim pay it on behalf of the victim; and (d) obtained property benefits equivalent to the same amount by having the victim pay it on or around May 4, 2017.
2. On October 19, 2016, the Defendant told the victim to pay the money to the victim at the victim’s residence located in Gangseo-gu Seoul Metropolitan Government Gangseo-gu (hereinafter “Seoul Gangseo-gu”) until December 2016, the Defendant loaned the money to the victim.
However, in fact, as in Paragraph 1, there was no intention or ability to repay money to others even if they borrowed money from others, because they had a considerable amount of debt due to gambling as in Paragraph 1, and have prevented the return of money without any specific property.
As above, the Defendant acquired property by inducing the victim to transfer 28,97,400 won in total from December 25, 2016 to the E bank account under the name of the Defendant, i.e., receiving KRW 1,250,000 from the damaged person, as well as from December 25, 2016.
Summary of Evidence
1. The witness B.