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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
1. Around July 3, 2013, the Defendant made a false statement to the victim D, who was aware of about 10 years ago at the Defendant’s home located in Gyeyang-gu E branch office in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoul, about 2013, by making several monetary transactions with the victim D and making a repayment of interest, and then making a false statement to the effect that “The Defendant would make a repayment of the credit card payment if he/she lends money that is short of the card payment.”
However, the defendant did not have any fixed occupation or income at the time, and even if the defendant borrowed money from the victim without any property, such as the failure to pay monthly income, etc., due to the failure to pay the monthly income, the defendant did not have any intention or ability to pay the money.
Nevertheless, the Defendant, as seen above, by deceiving the victim, received KRW 2.3 million from the victim to the Defendant’s new bank account on July 3, 2013, and acquired money by transfer from around that time to January 25, 2014, including transfer of KRW 18 million in total on nine occasions, such as the list I of crimes.
2. Around April 2, 2013, the Defendant, at the Defendant’s home of Gyeyang-gu Ebuo-gu, Gyeyang-gu, Seongbuk-gu, Kimyang-gu, stating that “The Defendant borrowed the monthly payment of the credit money to the victim F, giving priority to the repayment of the credit money.”
However, the Defendant, even if having paid the time off, was able to use it as a cost of living or to repay the money borrowed from another person, and even if there was no property such as no fixed occupation or income at the time, and no property exists, such as a monthly income of KRW 5 million and a monthly income of KRW 4 million, and a monthly income of KRW 5 million, and no intention or ability to repay the money has been made.
Nevertheless, the Defendant, as above, deceiving the victim, received 2.7 million won from the victim to the Defendant’s new bank account on April 2, 2013, and transferred 2.7 million won from that time to January 14, 2014.