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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
1. On January 30, 2015, the fraud defendant, around January 30, 2015, said that “A victim E is in arrears with several months of arrears, and if a mobile phone fee is not paid, it may be registered in the amount of credit in the fixed amount.” Within 10 days, the fraud defendant made a false statement to the victim E in the “a mobile phone fee shall be registered in the fixed amount of credit in arrears.”
However, the Defendant did not have any intent or ability to pay the total amount of KRW 65 million to many loan companies at the time, and even if the Defendant borrowed money from the victim due to economic difficulties, such as delayed payment of mobile phone charges, etc.
The Defendant, by deceiving the victim as above, received KRW 1 million from the victim to the corporate bank account (F) in the name of the Defendant.
Accordingly, the defendant was given property by deceiving the victim.
2. On February 3, 2015, the first criminal defendant, around February 3, 2015, the first fraud, “Around February 3, 2015, the said victim made a false statement that “I will find the victim with the said money if you send only KRW 100,000,000 to Seoul.”
However, the Defendant did not have any intent or ability to pay the total amount of KRW 65 million to many lending companies at the time, and even if the Defendant borrowed money from the victim due to economic difficulties, such as delayed payment of mobile phone charges, etc.
The Defendant, by deceiving the victim as above, received KRW 100,00 from the victim to the corporate bank account (F) in the name of the Defendant.
Accordingly, the defendant was given property by deceiving the victim.
3. On February 3, 2015, the second fraud Defendant borrowed KRW 40 million per annum from credit business entities to the victim within H located in Gangnam-gu Seoul Metropolitan Government around February 3, 2015.
If a person lends money to repay the interest at the rate of 15% per month, the credit rating shall be adjusted upward.