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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[2013 Highest 3186] On June 8, 2013, the Defendant: (a) asked the Defendant to confirm the victim’s Z known in the territory of Seoyang-Eup, Nam-gu, Seoyang-si, by telephone number 9715 to AA, his spouse, who is his or her spouse, and asked the Defendant to confirm his or her phone number after informing the Defendant of his or her phone number; and (b) the Defendant confirmed that “AB bears the obligation of KRW 8 million to the “AB” person who is his or her mother, as he or she knows his or her home.”
However, in fact, AB did not have an obligation of KRW 8 million to the person “AB,” and the Defendant was a plan to use the money received from the victim for personal purposes, and did not intend to deliver the money to “AB.”
As such, the Defendant, by deceiving the victim, received from the victim a total of KRW 3.4 million on June 10, 2013, KRW 3.0 million on the 11th of the same month, KRW 2 million on the 13.2 million on the 13th of the same month, and KRW 8.4 million on the 13th of the same month.
[2014 Highest 419] On May 24, 2013, the Defendant made a false statement to the effect that “AD located in the Busan Metropolitan Transportation Daegu AC is aware that there was a money equivalent to KRW 17 million for AF who was a son. It would receive money on behalf of the Defendant by means of obtaining a loan certificate from AF or his father.”
However, in fact, the defendant did not have the intention or ability to receive money from the victim through the legal process such as paying the AF or his father with money or seizing the AF's property for the victim.
The Defendant, as such, by deceiving the victim, received KRW 1,377,00 from around that time to August 29, 2013, 14 times in total, as shown in the list of crimes committed in the attached Table, for the expenses of collecting claims.
Summary of Evidence
[2013 Highest 3186]
1. Partial statement of the defendant;
1. Each legal statement of the witness Z, AA, and AG.