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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
【2016 order 217】
1. On May 30, 2008, the criminal defendant against the victim C made a false statement to the victim C's office located in Gangnam-gu Seoul Metropolitan Government building D No. 1037, Gangnam-gu, Seoul, stating that "the victim would pay the victim a face value with an early number of the damaged person's share in the number system," and joined the victim's fraternity.
However, at the time, the Defendant was in a considerable amount of KRW 60 million, and there was no special property or income, and even if the Defendant subscribed to the fraternity, there was no reason to prepare for the payment of the deposit, and there was no intention or ability to pay the deposit normally even if he received the deposit from the beginning, in a so-called return prevention manner which temporarily pays the other accounts with the payment, and received it from the beginning, and there was no intention or ability to pay the deposit.
Nevertheless, the Defendant: (a) by deceiving the victim as above and being granted KRW 10 million on July 10, 2008 and KRW 10 million on August 10, 2008 from the victim as the guidance money; and (b) from then to October 2008, the Defendant was given KRW 225 million on a total of 13 occasions as shown in the list of crimes in the attached Table 1, and issued KRW 28 million on the pretext of the guidance money for 28 times in total.
2. On October 2008, the criminal defendant against the victim E made a false statement to the victim E at the office of the above C, stating, “The victim E shall receive a five million won loan from the victim E and complete payment until November 13, 2008.”
However, as stated in Paragraph 1, the Defendant was at least KRW 60,000,000 at the time, and was unable to pay in time the amount of money deposited in a bankruptcy petition due to the absence of any special property or income. Therefore, even if the Defendant borrowed money from the injured party, he/she is willing to receive the money or repay the borrowed money to the injured party by any other means.