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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[2] On July 22, 2010, the Defendant was sentenced to imprisonment for a violation of the Game Industry Promotion Act at the Changwon District Court, etc., and on November 12, 2010, the Defendant completed the execution of the sentence at Busan Correctional Institution.
[Criminal facts]
1. Fraud against the victim B;
A. A. On August 2013, the fraud Defendant: (a) around August 2013, at the mutual infinite coffee shop located in Yong-Nam-si, Kim Young-nam around August 2013, the Victim B “(s) is operating a entertainment room at the present city; (b) if the Defendant borrowed KRW 50 million from the purchase cost of a new product entertainment machine, he/she will pay the principal interest on the second half of the month and pay the principal within one year.
The phrase “the phrase was false.”
However, there was no way for the Defendant to repay the money borrowed from the victim except for the income through the operation of the entertainment room. At the time, the entertainment room operated by the Defendant was about 8.7 million won a monthly fixed disbursement, and there was little income. The Defendant did not have any specific plan to increase the income of the entertainment room, and there was no guarantee that the purchase of the additional entertainment machine would increase the income by simply purchasing the additional entertainment machine without any specific plan to increase the income. Therefore, even if the Defendant borrowed money from the victim, there was no intention or ability to repay the money.
Ultimately, on September 17, 2013, the Defendant, by deceiving the victim as above, obtained 50 million won from the victim’s account in the name of the Defendant’s bank (Account Number: D) from the victim, and acquired it by fraud.
B. On January 2014, the defrauded made a false call to the victim B on or around January 2014, the Defendant concluded that “Around January 2014, the Defendant would pay a monthly interest of KRW 2,000,000 in addition to the existing debt amount of KRW 50,000,000,000 for a loan of KRW 4 million due to the shortage of funds to be refunded to the amusement room.
However, the defendant did not have any special property, and there was no way to pay the money borrowed from the victim except the income through the operation of the entertainment room.