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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
1. Around November 2017, the Defendant: (a) around November 2017, 2017, the defrauded B made a false statement to the victim B, “The sale in Gimpo City commences; (b) there is no amount of money within the limit of 5 million won; and (c) seven bonds are sold to the victim B, which require the down payment of KRW 5 million per 3 million for the third sale; (d) one bond after the purchase in lots, would be KRW 5 million; and (e) 2.5 million out of them.”
However, even if the Defendant borrowed money from the victim, he did not have been able to use the said real estate as the sales contract, and was planned to repay personal debts with borrowed money or use it as living expenses. There was no property owned by the Defendant at the time, and there was no certain amount of income, and there was only 30 million won of the debt, and thus there was no intention or ability to repay the money even if he borrowed money from the victim.
The Defendant, from November 11, 2017 to December 12 of the same month, acquired a total of KRW 35 million from the victim to the Kakao Bank account (Account Number: D) in the name of the Defendant.
2. Around May 2018, the defrauded made a false statement to the victim that “If the Defendant additionally lent KRW 6 million to the victim, she will complete the purchase of the building owned by her mother, she will complete the purchase of the building owned by her mother,” as described in paragraph (1).
However, even if the Defendant borrowed money from the victim, the Defendant was expected to use the money as an individual debt repayment or cost of living, and there was no building owned by the Defendant’s mother, and there was no property owned by the Defendant at the time, there was no certain income, and there was no obligation, and there was only KRW 30 million, so there was no intention or ability to repay the money even if the Defendant borrowed money from the victim.
On May 2, 2018, the Defendant received 6 million won from a new bank account (Account Number: E) in the name of the Defendant from the victim.