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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
"2019, 49"
1. Around January 2015, the Defendant made a false statement with the victim’s phone calls from the victim at a scarcity in Busan (hereinafter referred to as the “victim B”) and with the victim’s phone calls, that “The said scrap metal business is a business that operates the said scrap metal business with a large amount of money.” If the Defendant borrowed money with respect to the investment in the said scrap metal business, he/she would use the money for 3 to 7 days and pay the money immediately.”
However, in fact, even if the Defendant borrowed money from the victim with respect to the investment in the scrap metal business, it was thought that it would be used for the previous creditors to repay personal debt and gambling funds, etc., invested in the scrap metal business, or did not have an ability or intent to pay the principal normally to the victim.
Around January 15, 2015, the Defendant, by deceiving the victim as above, received KRW 3,000,000 from the victim to the post office account under the name of the Defendant for the purpose of borrowing money, and acquired the money by defrauding KRW 71,00,000 in total on six occasions from that time to May 27, 2017, as shown in attached Table 1.
2. Around January 2016, the Defendant made a false statement to the victim C, stating that “The victim is working in the cleaning service company belonging to the Busan Southern-gu Office and is operating in the scrap metal business registered as an individual business operator, and making profits is good, and 20 million won will be deposited in 1.2 million won per month at the monthly revenue.”
However, even if the Defendant received the investment funds related to the scrap metal business from the victim, it was thought that the Defendant would use the funds for personal debt repayment and gambling to the previous creditors, and invested in the scrap metal business, or did not have an ability or intent to normally repay the principal and profit agreed upon by the victim.
The Defendant is the victim as above.