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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
1. On July 2, 2015, around July 2, 2015, the Defendant concluded that “A” in “C” located in Jung-gu Incheon Metropolitan City, Jung-gu, would lend money necessary for funeral services, such as cosmetics, clothing, etc., to the victim D, including KRW 20 million that was previously lent, thereby making a payment of profits.”
However, in fact, the Defendant, at the time, was seized to the Chinese customs office, all the goods previously borrowed by the victim, and the personal debt amounted to KRW 200 million, and there was no other special revenue source, making it impossible for the Defendant to repay the money borrowed from the victim. On the other hand, the Defendant, once repaid the money to the victim, was for the so-called “debrising”, and thus, the Defendant did not have any intent or ability to repay the money even if receiving the money from the victim.
Nevertheless, around July 27, 2015, the Defendant: (a) by deceiving the victim as above; (b) obtained KRW 5 million from the Suhyup Bank account under the name of the Defendant (E); (c) KRW 5 million from the said Suhyup Bank account around August 11, 2015; (d) KRW 3 million from the KB National Bank account under the name of the Defendant on November 9, 2015; and (e) obtained KRW 1 million from the said Suhyup Bank account on November 12, 2015; and (e) received KRW 2 million from the said Suhyup Bank account on November 18, 2015.
2. On December 2, 2015, around December 2, 2015, the defrauded stated in the “C” as follows: “A shall continue funeral services, such as cosmetics and clothing, if the Defendant repaid his/her debt and makes profits therefrom,” and, if he/she lends his/her money to G for his/her activities in China due to his/her debt owed to G, it would hinder him/her from performing his/her activities in China, he/she shall deliver it to G by no later than December 31, 2015, and resumes his/her activities in China and, if so, return it again until January 1, 2016.”
However, in fact, the suspect has borrowed money from the victim from the beginning.