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Defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
The Defendant of "2017 Highest 1420", on April 2013, 2013, at the clothes of "D" operated by the victim C of Pyeongtaek-si located in Pyeongtaek-si, the Defendant may provide the victim with interest higher than the bank if he/she has engaged in loan business in Seoul.
When making an investment in money, the term "to return the principal by December 31, 2013, and to pay interest at 10 percent per month."
However, the remaining-borns of the defendant did not engage in loan business, and the defendant was willing to consume money from the injured party due to living expenses, so even if he received money from the injured party, he did not have the intent to pay the principal and interest even if he received money from the injured party.
The Defendant, as above, by deceiving the victim, received the total sum of KRW 111,70,000 from April 10, 2013 to December 24, 2013, as shown in the list of crimes in attached Table 34 times, and acquired the money by deceiving the victim to a new bank account in the name of the Defendant.
On August 2014, 2014, the Defendant visited the victim’s clothes store in the operation of FF in the non-permanent residence city E, and thereafter he/she became aware of the victim. The Defendant 1795 of the 2017 Highest Order 1795 was able to play in the above clothes store almost every day.
1. On November 7, 2014, the Defendant of the crime committed around November 7, 2014, at the clothes shop on November 7, 2014, used the victim only for lending KRW 4 million and paying interest.
“.....”
However, at the time of fact, the defendant did not have any intention or ability to pay back the money in return even if he borrowed money from the damaged person due to no particular property.
The Defendant received 4 million won from the damaged party to the new bank account (G) in the name of the Defendant on the same day.
Accordingly, the defendant was given property by deceiving the victim.
2. On December 8, 2014, the Defendant committed the crime at around December 8, 2014, at the clothes shop above around December 8, 2014, the Defendant sent money to another place” to the victim. If the Defendant borrowed money of KRW 700,000,00,000 to the money first lent by December 10, 2014.