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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
[2014 Highest 637] The Defendant is a person who was engaged in trading of used cars in Seongdong-gu Seoul Metropolitan Government Complex.
1. On May 2007, the Defendant committed the crime against the victim D stated that “I will give a vehicle 10 million won after 15 days if I remitted the vehicle,” to the victim D at the mutual infinite coffee shop located in Gangnam-gu Seoul, Gangnam-gu, Seoul, for the first time. I would like to give a vehicle to the victim D after 15 days if I remitted the vehicle.”
However, there was no intention or ability to transfer a vehicle even if the defendant received money from the victim as the defendant did not own the vehicle at the time, and there was an idea that he would pay the personal debt with the money from the victim.
On May 17, 2007, the Defendant received KRW 10 million from the victim to the Defendant’s E account under the name of the Defendant’s mother, and received KRW 310 million in total from that time to July 18, 2008 in the same manner as the attached list 1 to 14 times in the same manner as the attached list 1 to 14 times from that time.
Accordingly, the defendant was given property by deceiving the victim.
2. Around May 30, 2008, the Defendant committed the crime against the Victim F, saying, at the mutual infash shop in Songpa-gu Seoul, Songpa-gu, Seoul, that “Iss money invested in private financing, give the victim F with interest on five minutes per month if Is money is loaned, and the principal shall be paid immediately at any time when I wish to do so.”
However, in fact, the mother of the Defendant did not make an investment in private financing, and the Defendant was willing to repay his personal debt with the money borrowed from the victim, and the Defendant was in arrears with the principal and interest of KRW 200 million borrowed from financial institutions around 2005 without any special property. Therefore, even if he borrowed money from the victim, there was no intention or ability to repay it.
The defendant is against the victim on 208.