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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
"2019 Highest 421"
1. Around November 24, 2016, the criminal defendant against the victim B stated that “D cafeteria operated by the victim B in Jinju-si,” the victim loaned money to the victim so that he/she can repay and pay a fine. Two copies of interest shall be paid up to September 2017.”
However, in order to raise money for gambling due to gambling, the Defendant is so-called “frighting”.
Since there was a debt amounting to KRW 50 million, the creditors have received continuous demand for payment, and monthly income was merely about KRW 1.6 million and there was no intention or ability to repay it normally even if it was borrowed money.
As above, the Defendant, by deceiving the victim as above, received KRW 4 million in cash from the victim for the same day as the loan money, and had the victim pay a fine of KRW 3.5 million on behalf of the victim, and had the victim receive KRW 33,376,800 in total over 11 times from August 17, 2016 to October 2017, as shown in the annexed Table 1, the Defendant received KRW 33,376,800 from the victims as the loan money.
"2019 Highest 468"
2. Around November 7, 2016, the Defendant made a false statement to the effect that “The Defendant would have repaid money to the Victim E at his own house located in Jinju-si, with the intent to have the Victim E repaid the money.”
However, in order to raise gambling funds, the Defendant was absent from gambling at the time, and not only contributed to KRW 50,000,000,000, but also was in a situation where the Defendant continued to receive repayment demand from the creditors, and the monthly income was merely about KRW 1,60,00,000, and thus, the Defendant did not have any intent or ability to repay the money properly even if he borrowed money.
The defendant deceivings the victim and is under his control.