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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
"2015 Highest 519" Defendant was on the part of the victim C's house from 1986 to 1994, and became aware of it with the victim.
On March 4, 2009, the Defendant stated to the effect that “The Defendant was guilty of winning the building at the auction” to the victim in Seocho-gu Seoul, Seocho-gu, Seoul, 301 and 207, a residence of the victim. If the Defendant borrowed money in need of trial expenses related thereto, the deposit will be made, and if the house is located in the same gate, it would be immediately repaid even if the house is sold.”
However, in fact, the Defendant did not have any specific property, such as where all the house living together was disposed of by auction. At the time, while the house was a household helpers at the time, the amount of KRW 1,100,000 was all imported, but the medical expenses of the husband who suffered from cancer was continuously disbursed during one month, and the amount borrowed from the victim was expected to be disbursed as the husband’s medical expenses, living expenses, etc., and there was no trial related to the building. Therefore, even if the Defendant borrowed money from the victim, the Defendant did not have any intent or ability to repay the money.
As above, the Defendant, by deceiving the victim as above, received KRW 4 million from the victim as borrowed money on the same day, and acquired KRW 42,440,000 in total over 40 times as indicated in the crime sight table, as shown in attached Table 1). On October 14, 2014, the Defendant concluded that “Around October 14, 2015, the Defendant, at the Defendant’s house located in Gangnam-gu Seoul Northern District E, would pay off the cards if he/she loans money to the victim F.”
However, in fact, the Defendant was liable to pay the amount equivalent to 45 million won without any particular property, and the installment house operated at the time was not a funeral, and thus, the monthly income was deducted from the monthly income and the Defendant was able to pay the Defendant’s bonds with the money borrowed from the victim.