beta
Text
A defendant shall be punished by imprisonment for a term of one year and ten months.
All of the applicants for compensation are dismissed.
Reasons
Punishment of the crime
[2014 Highest 1244]
1. On June 23, 2013, the Defendant, at the “G” restaurant located in Daejeon Jung-gu, Daejeon on June 23, 2013, begins with the victim D’s 21 unit of 10 million won.
Before receiving a fraternity, KRW 500,000 and KRW 600,000 after receiving the fraternity shall be awarded in order of KRW 10,000 in Jeju.
‘Falsely speaking to the effect that ‘’ was false.
However, the defendant had no intention or ability to pay the fraternity by operating the normal system because he/she bears the obligation of 250 million won or more at the time.
Nevertheless, the Defendant, by deceiving the victim as such, had the victim join five units of account (No. 3, 13, 14, 19, and 21), and received a total of KRW 2,60 million from June 23, 2013 to February 25, 2014.
2. Fraud of a loan;
A. On October 20, 2012, the Defendant concluded that, at the victim’s house located in Daejeon-gu Daejeon-gu, Daejeon-gu, the Defendant would make a false statement to the effect that, “If the Defendant lends KRW 10 million to the Plaintiff any shortage of money in purchasing an I apartment, he would make a payment without molding within 2-3 months.”
However, in fact, the defendant thought that the money borrowed from the victim would be used to repay the existing debt, and there was no intention or ability to pay it to the victim.
Nevertheless, the Defendant, by deceiving the victim as such, received KRW 10 million from the victim for the same day as the borrowed money.
B. On February 20, 2013, the Defendant made a false statement to the effect that “The Defendant would borrow money within two to three months prior to the lending of KRW 10 million to the Defendant to purchase J apartment at the same place as (A) on February 20, 2013.”
However, in fact, the defendant thought that the money borrowed from the victim would be used to repay the existing debt, and there was no intention or ability to pay it to the victim.
Nevertheless, the Defendant deceivings the victim as such, and on the same day, is KRW 10 million from the victim as the borrowed money.