A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

"2013 Highest 4634"

1. Around March 28, 2008, the Defendant made a false statement to the victim C by telephone in the vicinity of Seoyang-si in Busan Metropolitan City, that “Abdo requires money to be repaid at the expense of the operation of his father, and if it is necessary to lend money to the lending company at the expense of his father’s surgery, it would necessarily be repaid.”

However, at the time, the Defendant had already borrowed KRW 10 million from the above lending company and KRW 5 million from other private financing companies. Since there was no income from the absence of a certain occupation, there was no intention or ability to repay the loan normally even if the Defendant borrowed money from the victim.

On March 28, 2008, the Defendant received remittance of KRW 70,000 from the victim as the borrowed money, and received KRW 10,250,000 through 19 times in total as shown in the crime list by January 28, 2009.

2. Around March 2011, the Defendant had already borrowed KRW 10,250,00 from the said victim, and the Defendant was a person with bad credit standing due to overdue loans from other financial institutions, thereby making it impossible to open a mobile phone under one’s own name, and the said victim’s phone calls to the said victim, stating that “The Defendant is liable to pay and pay the fee if he/she opened a mobile phone under the name of the client who promptly repaid the borrowed money.”

However, at the time, the Defendant was the bad credit holder, and there were many debts in other places, so even if opening and using the cell phone in the above victim’s name, there was no intention or ability to pay the fee normally.

As above, the Defendant: (a) opened two cellular phones in the name of the victim by deceiving the said victim; (b) did not pay 1,917,270 won; and (c) obtained pecuniary benefits equivalent to the same amount.

3. On June 201, the Defendant leased money to the said victim at the Mas rehabilitation hospital located in Daegu-gu, Daegu-gu, Daejeon-gu, if any, before the said victim’s lending.