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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Criminal facts
The Defendant worked as a member of the business of “C”, which is a liquor wholesale company, and promised with the victim to leave the job to “E”, which is a liquor wholesale company operated by the victim D, around March 2013.
1. The Defendant called the victim on April 2013, 201, which read, “The Defendant shall pay 30 million won with the debt to be repaid to C. The Defendant may pay 30 million won with the said debt. He/she may lend 30 million won to E. If he/she, he/she will pay the installment savings around February 2014.”
However, in fact, the Defendant was planned to receive KRW 30 million and use it for other purposes, and there was no idea to repay the obligation to “C”, and there was no installment savings with maturity on February 2014. Since the Defendant was a bad credit holder and no other property was available, there was no intent or ability to repay the obligation in time even if he borrowed money from the victim.
Nevertheless, the Defendant, by deceiving the victim, received 30 million won from the victim from the victim on April 18, 2013.
2. On July 30, 2013, the Defendant stated that “A Co., Ltd. E” office located in Songpa-gu Seoul Metropolitan Government F, “A company E” located in Songpa-gu Seoul Metropolitan Government, stating that “I will make reimbursement with KRW 30 million,000,000,000,000,000,000,000,000,000,000 won.”
However, the Defendant did not have any record of installment savings at maturity on February 2014, and the Defendant did not have any intent or ability to repay money in time even if he borrowed money from the victim because there is no particular property.
Nevertheless, the Defendant, by deceiving the victim as such, received 5 million won from the victim and acquired it by transfer.
Summary of Evidence
1. Partial statement of the defendant;
2. The legal statements of witnesses D and G in part;
3. Application of the statutes to include some statements in the suspect interrogation protocol against the defendant
1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crimes;
2. The former part of Article 37 and Article 38 of the Criminal Code among concurrent crimes.