Text
A defendant shall be punished by imprisonment for not more than ten months.
An application filed by an applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
[2016 Highest 120]
1. On October 2014, the Defendant: (a) made a false statement to the effect that “The Victim C, who was aware of it in the Gyeyang-dong parking lot for the Gyeyang-si, Namwon-si, Namwon-si, was punished by the income for 15 months from the monthly payment of KRW 30 million to KRW 2,000,000 for 15 months. (b) The number of the KRW 30,000,000 per month was included in the world; (b) the number of her child was two; and (b) the large number of her child was operating the system; and (c) the Defendant would neglect the payment of money if he was paid to him.”
However, the facts were that the defendant's friendship did not operate the system, and even if the above money was received from the victim, it was thought that it was paid with the guidance money of the fraternity opened in the name of the defendant, and there was no intention to enter or pay the guidance money in the name of the victim.
As above, the Defendant, by deceiving the victim as above, received from the victim from October 30, 2014 to December 30 of the same year the sum of KRW 2 million per month in cash from October 30, 2014 to KRW 6 million.
2. On December 26, 2014, the Defendant: (a) around December 26, 2014, at the Yang forest complex parking lot located in Young-dong, Namwon-si, Namwon-si, the Defendant concluded to the effect that, “If the Defendant loans KRW 50 million to a large-scale person who is playing a corporate bonds in Seoul, he/she will pay KRW 3 million on the monthly interest; (b) one million shall be treated as a total payment; and (c) the remainder as KRW 50 million shall be treated as KRW 1,50,000,000,000,000,000 won shall be treated as KRW 50,000,000,000,000 won, if he/she loans it with KRW 1,50,000,000,000,000,000 for personal interest, the Defendant would make a false statement to the effect that it will be repaid until December 30, 20
However, the facts were that the defendant did not have joined the number system in the name of the victim, and the defendant did not have been engaged in the bond business, and it was thought that he was used for personal purposes such as paying the existing debt or using the defendant's mother's hospital expenses with the above money from the victim.