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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
Around February 5, 2012, the Defendant was married with the victim C, and was a person who was married, and became a bad credit holder from around 2009, and did not have any special property or income at the time. Around around 2009, the Defendant was living together with the victim for 15 years even though the Defendant was in a considerable economic difficult situation due to a debt worth KRW 260 million, and was living together with the victim for 15 years. Around February 5, 2012 as the adviser of the company called “D,” the Defendant was in possession of 25% of the company shares worth KRW 3 billion at the market price with the victim, and was able to use money from the victim as if he were married with the victim.
1. On April 2012, the Defendant made a false statement to the victim by phoneing the victim at the early snick ground, stating that “only 45 days have been used, and immediately repaid KRW 30 million has been lent to the business place within 50 days, and at that time, the Defendant would raise money at the business place as well as the principal thereof.”
However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.
On April 13, 2012, the Defendant, by deceiving the victim as above, received from the victim a remittance of KRW 25 million to the national bank account under the name of the Defendant.
2. On April 2012, the Defendant made a false statement to the victim at the mutual infinite coffee shop located in Dobong-gu, Seoul Special Metropolitan City, Seocheon-gu, stating that “I will come to contact with the customer on the ground that he/she made an investment, and if the corporate card is short of the limit, I would make it possible for the Defendant to pay the credit card to him/her at the settlement date.”
However, even if the defendant uses the victim's card, the defendant did not have an intention or ability to pay the card price.
Around April 20, 2012, the Defendant, by deceiving the victim as above, did not pay the amount entirely, even if he received a letter of ScCC Card from the victim on or around April 20, 2012, using a total of KRW 6,959,356 from the same day until May 29, 2012.