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A defendant shall be punished by imprisonment for up to seven months.
Reasons
Punishment of the crime
1. Highest 2019 highest 2370;
A. On April 16, 2016, the criminal defendant against the victim B calls the victim B (the age of 36) to pay 50,000 won to the parents if he/she borrowed 50,000 won or less.”
However, the Defendant had a large amount of personal obligation, and there was no intention or ability to pay the amount, even if he borrowed the amount from the above victim, since the Defendant had a large amount of personal obligation, or the parents had to receive money from the parents or have repaid the amount in lieu of the obligation.
Nevertheless, the Defendant, by deceiving the above victim as above, received 50,000 won from the said victim’s account (D) in the name of the Defendant on the same day as the borrowed money, and acquired 66,331,350 won in total over 45 times from the time until July 15, 2016, such as the list of crimes in attached Table (i).
B. On July 19, 2018, the criminal defendant against the victim E told the victim E (the age of 35) (the head of the F entertainment tavern) to the effect that “If he/she lends money to his/her parents, he/she would receive money from his/her parents.”
However, the Defendant was thought to consume the above borrowed money for the purpose of personal debt repayment, living expenses, etc., and was responsible for a large amount of personal debt, and there was no fact that the Defendant intended to receive money from his parents or agreed to repay the borrowed money instead of his parents. Thus, even if he borrowed money from the above victim, there was no intention or ability to repay it.
Nevertheless, the Defendant, as above, by deceiving the said victim, received KRW 1,00,000 from the H bank account (I) in the name of G, which is the same day as that of the said victim, as the borrowed money, and received KRW 51,20,000 from that time until December 15, 2018.