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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[2014 Highest 8685] On November 1, 2014, the Defendant stated that “A restaurant boiler construction is demanded by the victim D located in Gwanak-gu Seoul Special Metropolitan City, the Defendant will complete payment at the restaurant if he/she reaches the restaurant if he/she borrowed KRW 100,000,000,000 as he/she was accompanied with the victim.”
However, the Defendant did not have any intention or ability to repay the money to the victim even if he borrowed the money from the victim, because the Defendant was thought to use the money borrowed from the boiler construction cost.
Nevertheless, the Defendant, by deceiving the victim as above, received 100,000 won in cash from the victim’s occupation.
[2015Kadan3199] On April 15, 2013, the Defendant did not have any intent or ability to complete payment, even if he/she borrowed money from the taxi platform in front of the Seocho-gu Clock in Busan Metropolitan City (Clock) on the day of April 18, 2013, when he/she borrowed money from a group, he/she did not have any intent or ability to do so. The Defendant requested the victim F's wife to have a guest to attend the H restaurant in the same Gu operated by the victim F, and he/she was on the part of the passenger vehicle operated by the victim, who was on the part of the victim, to see that the victim was able to see and stop the vehicle and see that the victim was able to see it later, and then he/she received KRW 100,000 from the victim.
[2015 Highest 3413]
1. On April 3, 2013, at the J restaurant located in Ulsan-gu I, Ulsan-gu, U.S., U.S. on April 13, 2013, the Defendant told the victim K to the effect that “I will pay back money later if I lend money that I will purchase at a lot store. I will ask 14 people to get off. I will go back to a express bus terminal. I will go back to the express bus terminal.”
However, the defendant did not have any intention or ability to complete payment even if 14 customers are promised to receive money from the victim or borrowed money from the victim to the restaurant operated by the victim.
Nevertheless, it is not possible.