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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
1. On March 23, 2017, the criminal defendant against the victim B stated, “The victim B thought that he/she will engage in the business by purchasing a heavy cell phone at low prices and re-purchasing it. If he/she lends money in short of money, he/she will pay interest of KRW 100,000 and pay all principal within one week.”
However, the Defendant used the money received from the victim to purchase a mobile phone with a large amount of three months, and from July 2017, the Defendant used part of the said money in the Internet sports competitions, etc. from around July 2017, and used the money received from the victim for repayment of other obligations. From April 2018, the Defendant used the money received from the victim for repayment of his/her other obligations. Since the credit rating at the time was in a bad credit position from Grade 9 to 10, the Defendant did not have any intent or ability to pay the said money even if he/she received money from the victim.
On July 3, 2017, the Defendant, by deceiving the victim, received KRW 3 million from the victim’s account (D) in the name of the Defendant, from around August 29, 2018, and received KRW 3,474,934,00 from that time to August 29, 2018 as shown in attached Table 1, and received KRW 3,423,458,100 in total from August 3, 201, and received KRW 51,475,90 in the account under the name of the Defendant.
2. On June 26, 2017, the Defendant made a false statement to the victim E by phoneing the victim E, stating that “A business is conducted by purchasing a heavy cell phone at low prices and re-sending it again. If the money in question falls short of the money, the Defendant made a false statement to the effect that “A business will pay interest at KRW 100,000 and the principal will be repaid within one week.”
However, the Defendant did not use the money received from the victim to purchase a heavy cell phone, but used the interest and principal of the above victim B to pay the interest and the principal thereof, so-called “componing.” The Internet.