beta
Text
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
On December 2010, when the Defendant had been urged to repay the debt amounting to KRW 150 million from a bond company, etc., the Defendant had been urged by the creditor to pay the debt amounting to KRW 100,000,00,000 from the creditor. At that time, the Defendant got a large amount of money by making investments in the Internet gambling site to the victim D, who became aware of at the screen golf course, and had other people gain a huge profit by making investments, etc., and attempted to obtain money from the victim by deceiving him.
1. On December 22, 2010, the Defendant made a false statement stating that “F will pay 2-3 times the principal after a maximum of 6 months from the date of investment of KRW 100 million to the victim” at the main point of “F” located in Si, Si, Si, Si, Gu, and Gu, and that “if the Defendant invests KRW 100 million, he will pay 2-3 times the principal after a maximum of 6 months from the date of investment of others, along with the money invested by others.”
However, at the time of fact, the defendant had the intent to receive money from the victim to use his/her debt and living expenses. Since there was no profit from the investment in the Internet gambling site, there was no intention or ability to make profits by making investments, even if the defendant received money from the victim.
Around December 23, 2010, the following day, the Defendant acquired 100 million won from the victim through the Agricultural Cooperative (G) account in the name of the Defendant.
2. On February 2, 2011, the Defendant made a false statement to the Defendant that “The money invested in a place where the money was repaid is KRW 20 million,” to the victim at a mutually influent restaurant in the Gangseo-si, Seocho-si, Seoul Special Metropolitan City.”
However, at the time, the Defendant did not have any intent or ability to repay money even if he borrowed money from the victim because the Defendant had a debt of KRW 150 million, and the Defendant did not have invested in the Internet gambling site, etc. because it was not possible to recover the invested money.
The defendant is against the victim.