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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. Around August 29, 2012, the criminal defendant against the victim C told the victim C to the effect that the victim “a bank is operating his/her clothes, and the cost of manufacturing clothes is required to lend money to the victim C. If so, the principal and interest will be repaid three months thereafter.”
However, in fact, the Defendant had no capacity to pay for the cost of clothes normally since the Defendant had a debt amounting to approximately KRW 130 million without any particular property at the time, and there was no profit in the clothes store in operation, and therefore there was no intention or ability to pay the cost of clothes even if he borrowed money from the victim.
Ultimately, the Defendant, by deceiving the victim as such, received KRW 7 million from the victim to the corporate bank account under the name of the E, a total of KRW 13 million from the Defendant’s name bank account on August 31, 2012, and KRW 20 million from October 15, 2012, including KRW 20 million from the Defendant’s name bank account.
2. Around July 26, 2013, the Defendant: (a) around July 26, 2013, the Victim F was parked in the instant parking lot located in the Yongsan-gu Seoul Metropolitan Government Yongsan-gu, Yongsan-gu, to open the victim’s “G shopping mall in East-gu is currently being remodeled; (b) female clothes in this shopping mall is currently being opened. In addition, if the Defendant borrowed the amount of KRW 35 million from the open fund, the Defendant would have paid KRW 300,000 for two years each month.
However, even if the Defendant borrowed money from the victim, the Defendant did not intend to use the clothes for opening business, and at the time there was no intention or ability to pay the money to the victim for approximately KRW 220 million.
Ultimately, the Defendant, by deceiving the victim as such, received KRW 2 million from the victim to the bank account in the name of the Defendant on the same day, and, from September 9, 2013, remitted total of KRW 35 million from that time to September 9, 2013, as indicated in the separate crime list.