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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
around May 2014, the Defendant: (a) obtained a certificate of balance in the name of Samsung Securities Co., Ltd. that was searched as “a balance certificate” on the Internet next site search box at the PC room located in the Yangcheon-gu Seoul Metropolitan Government, Yangcheon-gu; and (b) made a certificate of balance in the name of Samsung Securities Co., Ltd. that was written as “A”, “C”, and “26,01,200,500 won” in the column of the appraisal amount of securities by using mar Points points; (c) made a certificate of balance in the name of Samsung Securities Co., Ltd. that was written as “A”, “C”, and “26,01,200,500 won” in the column of the appraisal amount of securities; and (d)
Around July 25, 2014, the Defendant sent a file of the balance certificate to the victim D at the guest room of the Gangwon-do Seogu Hotel hotel located in the Jung-do Jung-gun, Gangwon-do, and falsely stated that “The Defendant owns the Kakao Stockholm shares, which are non-listed stocks, and the assessed amount is equivalent to 26 billion won. If he/she fails to repay the money, 10 million won shall be lent for the transfer of the Kakao Stockholm shares, which he/she had within 10 million won, to be repaid.”
However, the Defendant did not have an amount equivalent to 26 billion won of the Kakao Stockholm’s shares, and was planned to use the money borrowed from the victim for gambling, and thus, was extremely uncomfortable whether to impose money through gambling. Therefore, the Defendant did not have any intention or ability to repay KRW 100 million to the victim after 3 days.
As above, the Defendant, by deceiving the victim as above, acquired two copies (E and F) of the check with a right of KRW 50 million from the victim’s position.
around 19:00 on July 27, 2014, the Defendant borrowed 40 million won in return for the payment of money to the victim G in the Gangwon-do VIP room restaurant located in 265, Gangwon-do Seowon-gun, Seowon-gun, Seowon-gun, Gangwon-do, and made a false statement.
However, the defendant already bears a debt exceeding one billion won at the time, and even if he borrows money from the victim G, he/she shall have the intention or ability to repay.