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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
The Defendant of “2013 Highest 4672” operated a singing room until 2002, but operated its business with poorness, and operated its around 2006 after being given a warning point, but did not generate any particular profit-making, etc. The Defendant did not have sufficient financial resources. From 2003 to April 2006, the Defendant had a large amount of liability, such as borrowing KRW 65 million from D, which was known at the parents’ friendship group, and thus, did not have any capacity or intent to complete the payment even if the Defendant borrowed money from another person.
1. On August 10, 2006, the Defendant committed the crime of fraud against the victim E: “Around August 10, 2006, the Defendant phoneed the victim and provided that “if he/she lends the money that he/she needs to operate the static point, he/she shall be paid, and he/she shall not be sold to him/her, and he/she shall be able to pay it immediately as he/she sells.”
However, the facts are that the defendant had already failed to pay 10 million won to others, and he had received monthly income at the time, and there was no house that can be disposed of, so even if he borrowed money from the victim, he could not pay it.
As such, the Defendant, by deceiving the victim and deceiving him from the victim, obtained a total of KRW 15 million from the victim to the bank account in the name of the Defendant’s fatherF on the same day, and 5 million won from August 30, 2006 to the remittance of KRW 15 million.
2. Around August 24, 2006, the Defendant committed the crime of fraud against the victim G, stating that “Around August 24, 2006, the Defendant may immediately repay the Plaintiff’s housing in the H apartment located in Seoul Special Metropolitan City, Nowon-gu, to the effect that “A person may repay the Plaintiff if he/she borrowed money to operate the fixed land, and he/she also has apartment and has commercial buildings.”
However, as stated in the preceding paragraph, the Defendant was unable to repay the money from the victim even if he borrowed the money.
The defendant deceivings the victim as such, and is in the same manner against the victim.