beta
Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On June 2014, the Defendant: (a) after the right and speaks that the victim B was pregnant with the victim at a meeting of those who play a “SNENE” game; and (b) had the victim take advantage of the relation with the victim, the Defendant was able to defraud the money by using the relation with the victim.
1. On August 2014, the Defendant sent a phone to the victim at an insular location, stating that “The Defendant was unable to use the card operated on the wind for a long time in Marcar, as he/she lost his/her passport.”
However, the Defendant did not have been pregnant in relation to the victim. The Defendant did not have been able to pay the lease deposit, and the Defendant did not pay the rent for the shop operated, which led to the aggravation of economic situation, such as the credit card payment, etc., and the liability for the lease deposit was aggravated, and there was no other specific property. Therefore, even if borrowing the money from the victim, the Defendant did not have the intent and ability to pay it.
As above, the Defendant, by deceiving the victim as above, received four million won from the victim around August 25, 2014, and KRW 1 million on August 26, 2014, and KRW 5.5 million on September 15, 2014, in total, from the bank account in the name of the Defendant.
2. On September 2014, the Defendant made a false statement to the victim, stating that “The Defendant would have a problem with the operation of the Defendant to pay the victim ad hocly with his/her family members. The payment of the money would have been made with the settlement of the money.”
However, as such, the Defendant did not have an ability to repay the above borrowed money even if the Defendant transferred the store operated by him/her.
As above, the Defendant, by deceiving the victim, received KRW 33 million from the victim, around September 23, 2014, and KRW 34 million in total, around October 1, 2014, from the victim, to the account in the name of the said Defendant.
Summary of Evidence
1. The defendant;