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A defendant shall be punished by imprisonment for a period of five months.
Reasons
Punishment of the crime
1. On May 27, 2015, the Defendant, at the Defendant’s residence located in Yeonsu-gu Incheon Metropolitan Government, made a false statement that “A victim C shall lend KRW 10,000,000,000 to his/her father’s son’s son’s son’s son’s son’s son’s son’s son.”
However, in the course of operating a gambling without a certain occupation, the Defendant had already been frightened by gambling. Even if the Defendant borrowed money from the victim, the Defendant did not have the intent or ability to repay the money to the victim after using it as the cost of the house operation.
In the end, the Defendant, as above, by deceiving the victim, received money from the victim to the account in the name of D, which is a parent of the defendant on the same day.
2. Around August 17, 2015, the Defendant made a false statement to the victim that “When the Defendant’s residence provides the victim with a loan of KRW 20 million, five (5) interest shall be given and repaid within a few months shall be given.”
However, in fact, while operating a gambling without a certain occupation, the Defendant had been suffering from gambling by himself, and even if the Defendant borrowed money from the victim, he did not have the intent or ability to repay the money to the victim after using it as a singinging operating expenses.
Ultimately, the Defendant, by deceiving the victim as above, received KRW 3 million from the victim, KRW 3 million on the same day, KRW 3 million on September 23, 2015, and KRW 3 million on September 24, 2015 from the victim, to the account in the name of D, his/her father, and acquired KRW 20 million on August 17, 2015, KRW 1 million on September 24, 2015, KRW 1 million in cash, and KRW 8 million in cash at that time.
3. Around March 31, 2016, the Defendant made a false statement to the victim that “If the Defendant borrowed KRW 10 million to the Defendant’s residence, he/she would pay interest on five (5) installments, and complete payment within several (4) months.”