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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
1. Around August 2005, the Defendant, at the amusement room operated by the victim C in Gwangju-gu, Gwangju-gu, 2005, told that he would purchase the amusement equipment as if he would purchase it to the victim, and show the passbook deposited 2.7 billion won, that “If he would purchase the amusement equipment and separately lend 100 million won, the money recorded in the passbook would be seized, but if he would be returned money within the number of days, the seizure would be repaid.”
However, in fact, because the money entered in the passbook, which was shown by the victim, was impossible to be used by the defendant, the defendant did not have the intention or ability to pay the money even if he borrowed money from the victim.
Around August 12, 2005, the Defendant received 500,000,000 won from the victim as the borrowed money from the Defendant’s account under the name of the Defendant and received 7,420,000 won in total over 13 times from October 10, 2006 as shown in attached Table 1.
Accordingly, the defendant was given property by deceiving the victim.
2. On September 2008, the Defendant displayed the passbook that 1.7 billion won deposited to the victim C in the vicinity of the Seogdongdong, Gangseo-gu, Seoul, and the deposit documents that 100 million won deposited to the victim C, and concluded that “In order to recover this money, the Defendant would appoint an attorney to have him deposited 100 million won and proceed with the lawsuit at the deposit of 100 million won, and on October 24, 2008, the Defendant would be sentenced to a judgment that could find 1.7 billion won at around 1.7 billion won.”
However, the money contained in the passbook, which was shown by the victim, was impossible to be used by the defendant, and the defendant did not proceed with the lawsuit to recover the money, so even if he borrowed money from the victim, the defendant did not have the intention or ability to repay it.
The defendant is the defendant from the victim on or around September 12, 2008.