A defendant shall be punished by imprisonment for a period of five months.

Punishment of the crime

[2019 Highest 1026] On April 28, 2018, the Defendant made a false statement to the victim that “as a phone calls from Yeonsu-gu Incheon Metropolitan City B apartment, C, and the victim D, it is urgently needed to supply money to the house owner. If the Defendant borrowed KRW 5 million, he/she will use this mold only and complete payment without mold until April 30, 2018.”

However, the defendant did not have any property, and there was no intention or ability to repay even if he borrowed money from the victim D because there was no certain income.

As such, the Defendant, by deceiving the victim D, received KRW 5 million from the victim D to the bank account (F) in the name of Korea designated by the Defendant on the same day from the victim D, and acquired it by deceptioning the total amount of KRW 16 million from March 1, 2018 to May 4, 2018, such as the statement in the list of crimes committed in the attached Table, from March 2018 to May 4, 2018.

[2019 Highest 2139] Around July 19, 2018, the Defendant made a false statement to the victim G by calls from the victim G in the Buddhist land located in Incheon, and “Isman hospital cost is necessary. Isman hospital cost is to be repaid within one week if Isman hospital loan only KRW 10 million.”

However, the Defendant did not have any property, and the obligation reaches about KRW 40,000,00,000, and there is no certain income, and even if he borrowed money from the victim, there was no intention or ability to repay it.

As such, the Defendant, by deceiving the victim, received 4.5 million won in total, including 4 million won checks and 5.5 million won in cash, from the victim in the H underground parking lot in Yeonsu-gu Incheon Metropolitan City on the same day.

Summary of Evidence

[2019 Highest 1026]

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written complaint and documentary evidence of transactions [2019 Highest 2139];

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement concerning G;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts and the selection of punishment;