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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
1. On September 20, 2013, the Defendant, at the victim D’s residence located in Gwangju-si, solicited the victim to subscribe to the number system operated by E, and received monthly payments of KRW 28,00,000,000 from the injured party for 14 times.
After November 20, 2014, the Defendant received the time limit amount of KRW 28,00,000 from the Gyeyang E and received the time limit amount from the victim, and used the time limit for the victim's personal debt repayment, etc. without returning it to the victim.
2. Fraud;
A. From March 14, 2013 to October 20, 2013, the Defendant made a false statement that “Around March 14, 2013, the Defendant would lend money to the victim H from “G Boan House” operated by the Defendant located in Sung-nam-si, Sung-nam-si, Seoul Special Metropolitan City Ftel C, 1010, to allow him/her to borrow money from the victim H and receive interest from him/her.”
However, even if the Defendant received money from the injured party, he/she had the intent to use the money as his/her personal debt and living expenses. At the time, he/she had the personal debt of KRW 50 million, and the interest and living expenses paid on a monthly basis were in the amount of KRW 15 million and has been prevented from returning the money through cash services and loans. Therefore, even if he/she borrowed money from the injured party, he/she did not have the intent or ability to repay the money.
Nevertheless, the Defendant, on March 14, 2013, received KRW 12 million from the injured party to the bank account (J) in the name of the Republic of Korea (J) and received KRW 57,740,000 in total over 11 times from October 20, 2013, as shown in the crime list, from around October 20, 2013.
B. On October 8, 2013, the Defendant made a false statement to the victim that “I would not have any student abroad,” with the victim “I would like to complete payment after one month of the loan.”
However, even if the defendant receives money from the injured party, he/she shall use it as personal debt repayment and living expenses.