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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
[2017 Highest 5615]
1. Fraud against the victim B;
A. At the end of May 2010, the Defendant made a false statement to the effect that “AT is currently serving in the planning and strategic office at home,” and that “a business related to domestic corporate mergers and acquisitions is also known to many subjects, such as bonds companies, etc.,” which was known to the victim B, who came to know of the introduction of the branch in the instant coffee shop in Gangnam-gu Seoul (Seoul), at the end of May 2010.”
However, in fact, the defendant was thought to use the money as a marriage fund in front of marriage and received money from the victim, and there was no intention or ability to get the victim to borrow 2.8 billion won.
Nevertheless, the Defendant, by deceiving the victim, was delivered KRW 20 million to the victim around June 2, 2010.
B. On June 3, 2010, the Defendant made a false statement to the victim by telephone at a place not known to the Defendant around June 3, 2010, stating that “the amount of money for marriage is insufficient to enter into marriage.” The Defendant borrowed KRW 10 million per week or less.”
However, in fact, the defendant was liable for the amount of 10 million won in arrears with credit card payment, and there was no intention or ability to repay the amount even if he borrowed money from the victim without any particular income or property.
Nevertheless, on June 4, 2010, the Defendant, by deceiving the victim, received KRW 10 million from the victim to the deposit account in the name of the Defendant.
2. Around November 29, 2010, the Defendant made a false statement to the victim E, who is a partner, at the office of the “G” CS Research Institute located in Seocho-gu Seoul Metropolitan Government F, that “if there is a problem with the wife, it is urgently necessary to pay two million won, and if it is lent, it shall be repaid immediately.”
However, the defendant 1-B.
For the same reason, even if the victim borrows money from the victim, the intent or ability to repay it.