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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
1. Around July 1, 2013, the Defendant made a false statement to the effect that “D” store in the operation of the Defendant located in Heung-gu Seoul Metropolitan Government, Chungcheongnam-gu, Cheongju, would allow the victim to pay money by setting the number of days if he/she lends money to a large number of people.”
However, the Defendant was thought to use the Defendant with the above-mentioned operating expenses, living expenses, and repayment of debts from the victim E, and there was no particular property at the time, and the above-mentioned operation did not have any income from the enemy, and even if the Defendant borrowed money from the victims, there was no intention or ability to make timely repayment even if he borrowed money from the victims, since it had already been operated by the enemy, such as F and G.
On July 1, 2013, the Defendant received KRW 2,00,000,00 from the victim as the loan deposit account under the name of the Defendant (H) on July 1, 2013.
In addition, the Defendant, from July 1, 2013 to September 13, 2013, obtained a total of KRW 133,204,00 from the victim on 21 occasions, as shown in the attached crime list 1, as above, from July 1, 2013 to September 13, 2013.
2. On June 2013, the Defendant was aware of the fact that the Victim E operates the 10 million foot number system (one million won each month from July 2013 to May 2014), and the Defendant did not have any particular property or income as stated in the above paragraph (1) and did not have any intent or ability to pay the fraternity at once even if he entered the said number system, and was able to use it for operating expenses from the victim to pay the fraternity or for obligations to other creditors.
The Defendant subscribed to the above number system by making a false statement to the effect that “The Defendant will faithfully pay the credit amount to the victim by joining the two preceding accounts. B. B. 2 and 3, the Defendant will first pay the credit amount to the victim with the said money, and then, he may join the above number system.”