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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
"2016 Highest 3308"
1. Around April 5, 2012, the criminal defendant against the victim C may receive KRW 78 billion from the victim C when selling the land in which he/she owns in his/her usual house. Since the head of the Tong is seized due to tax, if he/she lends money, he/she would refund the land in his/her usual house by withdrawing the head of the Tong from the seizure of the head of the Tong and repaying the land in his/her usual house. ‘A false statement' was made.
However, the defendant did not have land at the time, and he thought that he would receive money from the victim to use it as repayment and cost of living, so even if he borrowed money from the victim, he did not have any intention or ability to pay it.
As such, the Defendant, by deceiving the victim, received the total amount of KRW 3.5 million from the victim to the Nonghyup Bank account in the name of the Defendant, around April 5, 2012, KRW 4 million around April 9, 2012, KRW 3 million around April 16, 2012, KRW 4 million around April 201, and KRW 4 million from April 20, 2012, and acquired the money by fraud.
2. Around December 29, 2012, the Defendant against the victim D made a false statement to the victim D, stating that “The victim D is engaged in milk delivery business in the name of “F restaurant” located in Geumcheon-gu Seoul Metropolitan Government, and that “The monthly income is KRW 20,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,
However, in fact, the Defendant did not engage in the milk delivery business, there was no plan to purchase cargo vehicles, and it was thought that the Defendant would receive money from the victim to use the money for the existing debt repayment and cost of living, so there was no intention or ability to pay the profit even if he received money from the victim.
As such, the Defendant, by deceiving the victim and deceiving him/her from the victim, to the single bank account (H) in the name of the Defendant, KRW 5 million around December 30, 2012, and KRW 4 million around January 1, 2013.