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A defendant shall be punished by imprisonment for four years.
Reasons
Punishment of the crime
"2019 Gohap123"
1. On October 17, 2017, the Defendant against the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the victim B made a false statement to the effect that “The Defendant would give a high interest if he/she lends the money to the victim. If 400,000 won prior to the lending of the money to the victim, she would pay 6,00,000 won including the interest prior to the payment on October 17, 2017.”
However, in fact, the defendant did not have any particular property, and there was no intention or ability to repay the money properly even if he borrowed money from another creditor in return for the repayment of the principal and interest of the loan to the other creditors.
Ultimately, the Defendant, by deceiving the victim as above, received KRW 5,600,000 from the victim to the Defendant’s C account (Serial number: D) around October 10, 2017.
In addition to this, the Defendant, as shown in the attached list 1, received total of KRW 2,102,160,000 through 153 times from the same day to April 6, 2018 from the same day as indicated in the attached list 1, and acquired it as the borrowed money.
2. On October 2017, the Defendant against the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) on the Aggravated Punishment, etc. of the Victims E made a false statement to the effect that “If the Defendant lends the money to the victim at a superficial place, he would give a high interest. If the Defendant offered interest and borrowed the money, he would pay the principal including the interest at the due date.”
However, in fact, the defendant did not have any particular property, and there was no intention or ability to repay the money properly even if he borrowed money from another creditor in return for the repayment of the principal and interest of the loan to the other creditors.
Ultimately, the Defendant, as seen above, was accused of the victim, and then transferred KRW 40,000 to the Defendant’s account (D) around October 10, 2017.