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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
From August 2017, the defendant living together with B, and participated in the Goyang-si Council of the Republic of Korea to which B belongs, and the victim D and E, who is a member of the same native folks Association, became aware of the same process.
1. Around December 18, 2017, the Defendant committed the crime against the victim D stated that “The Defendant would refund the down payment to the victim if he/she temporarily lent the down payment to purchase the pentine located in the Gangwon-do Crossing-gun with B, with a large amount of cash and real estate, and at least KRW 1 billion around January 2018.”
However, in fact, the Defendant did not own the above assets and did not have any other income, so even if he borrowed money from the victim, he did not have the intent or ability to repay it.
The Defendant received 5 million won from the victim to the G bank account (H) opened in the name of F, the seller of the above pention as the loan money on the same day.
In addition, the Defendant received a total of KRW 25,80,000 from the victim six times from the above date and time to January 16, 2018, as indicated in paragraph (1) of the attached Table of Crimes in the foregoing manner.
2. On December 4, 2017, the Defendant committed the crime against the victim E by false means that “A victim E has a large amount of cash and real estate in Korea, and a deposit amounting to KRW 1 billion is found on January 2018. When a credit card is lent, the Defendant would pay the amount of using the credit card.”
However, the Defendant did not possess the above assets and did not have any other income, so even if he borrowed a credit card from the victim and used it, the Defendant did not have the intent or ability to pay the credit card price.
The Defendant received the victim’s J credit card from the victim on the same day, and settled KRW 2,747,050 when purchasing mother and child, clothing, etc. at the above department store.
In addition, the Defendant from the above date to January 7, 2018.