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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
The Defendant and the victim B were in a relationship between January 7, 2015 and July 2015.
1. On March 2015, the Defendant stated that, at the victim’s house located in Seongbuk-gu Seoul Metropolitan City, 512 Dong 1303, Seongbuk-gu, Sungnam-si, the Defendant would pay the victim a penalty of KRW 8,300,00,000 to the victim’s KRW 8,300,000,000, monthly salary would be a provisional attachment, and if a fine is to be granted on behalf of the victim, it would be repaid as retirement allowance would be paid in the order of May.
However, the defendant did not have to receive retirement allowances, and the defendant did not have any ability or intent to pay the fine to the victim in lieu of the victim's request for personal rehabilitation because he had already failed to pay the amount equivalent to 35 million won of the loan obligations.
Ultimately, around April 7, 2015, the Defendant enticed the victim, and caused the victim to transfer the amount of KRW 8.3 million to the public prosecutor’s office account instead of the Defendant, thereby acquiring pecuniary benefits equivalent to the said amount.
2. On May 15, 2015, at the place indicated in paragraph 1 at around May 15, 2015, the Defendant stated that “The date of retirement payment was postponed for seven months, and the credit in the country is not good and thus, the Defendant would have to repay the loan to the said victim as the surety would have paid the loan as the retirement pay would have accrued if the Defendant becomes the guarantor once he/she becomes the week.”
However, the defendant did not intend to receive retirement allowances, and even if he received a loan on the ground of the victim as a guarantor, he did not have the ability or intent to pay the loan.
Ultimately, the Defendant deceiving the victim as above and had the victim do so, and then, around May 18, 2015, borrowed KRW 3 million each from the Defendant’s loans to Alley Capital, Co., Ltd., Haak Social Loan, Co., Ltd., and from the social loan created by K&PP.