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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
[1] On August 5, 2011, the Defendant sent text messages to the effect that “The principal shall be paid 5% of the monthly interest on the loan of money for several months” using the Defendant’s mobile phone from an influorous place to the victim C’s mobile phone.”
However, there is no particular property or income, and even if the defendant borrows money from the victim, he did not have the intention or ability to repay it.
As such, the Defendant, by deceiving the victim, received KRW 6 million from the victim to the national bank account in the name of the Defendant on the same day under the pretext of borrowing money from the victim, and acquired the total sum of KRW 22,200,000,000 from 22 times, as shown in the attached Table 1 of Crimes List 1, by remitting it to the national bank account in the name of the Defendant.
【2013 Highest 5924 [Attachment 5924] On April 201, the Defendant visited Niber, an Internet site, posted a letter “D” bulletin board, “D”, stating that “I would have a 5% interest of 5% per month from lending money to short-term investment,” and “I would like to get the victim E who made the communication with the letter “I will have a mobile phone case wholesale business run in F, and receive money from F. If I lend money, I would like to gather money by investing money to the number of days.” On January 20, 2012, the Defendant sent a text message to the same effect as above to the victim’s mobile phone using the Defendant’s mobile phone at a closed place.”
However, not only does the Defendant do not have any property or income, but also did not think that they will receive money from the victim to use it as living expenses, and there was no idea to invest in the number of days. Therefore, even if they borrowed money from the victim, there was no intention or ability to pay it.
The defendant deceivings the victim and is under his control.