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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who operates a mobile phone sales store and the victim C is a child of the defendant's friendship.
1. On October 10, 201, the Defendant found the victim C’s house located in Asan-si, Asan-si, and made a false statement to the victim stating, “If the victim has no credit and living expenses, and the victim has borrowed 3 million won, he/she shall be punished, and if he/she has not repaid her, he/she shall be repaid her, and even if he/she has sold her apartment, he/she shall be repaid her without mold.”
However, the Defendant did not have any particular income at the time, and the apartment living together was in the name of E, the Defendant was unable to sell it with the mind. The Defendant had already been able to pay the interest of KRW 90 million in financial rights and lending companies. The above apartment was already set up with a large amount of KRW 134 million, and even if the apartment was sold, the Defendant did not have any intent or ability to pay it even if he borrowed money from the victim even if he was unable to pay it.
Nevertheless, around October 11, 201, the Defendant, by deceiving the victim, received KRW 3 million from the victim’s account in the name of the Defendant.
2. Around November 11, 2011, the Defendant made a false statement to the victim that “if the Defendant borrowed KRW 3 million as a result of the shortage of credit and living costs, it would have to be repaid with the money first lent to the victim, but there was no intention or ability to repay for the said reason.”
The Defendant, as above, was issued KRW 3 million to the account in the name of the Defendant on the same day by deceiving the victim.
3. On February 16, 2012, the Defendant found the above victim’s house and concluded that “Around February 16, 2012, the Defendant borrowed money from the victim with interest on private financing only KRW 10 million,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won.”