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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
A person who operated a clothing repair shop in Pyeongtaek-si B with the trade name "C", and around 2010, the Defendant formed a trust relationship with the victim by stating that he/she was able to re-confise with the victim D, who visited the above store as a customer, and then he/she was able to see that he/she was in a building in E, but there is a building in other places. The lower floor below the building, stating that he/she was living in the upper floor above the building, and that he/she was living in the upper floor above the building."
The Defendant, at around August 25, 2010, received 10,000 won from the victim up to January 24, 2013 in total from the victim 16 times in total from the victim, as shown in the annexed sheet of crime, by stating that “When the Defendant lends money to the victim, he/she would have more interest than the bank, and the principal shall also be repaid.” On the same day, he/she also received 10,000,000 won from the victim to the account (G) in the name of his/her fatherF.”
However, in fact, the Defendant had no particular property at the time of borrowing money from the victim, and there was no building or building in possession, and the Defendant was unable to repay approximately KRW 150 million to other creditors incurred from around 2000, and went through individual rehabilitation procedures. Due to the failure to operate the above clothing repair shop, the Defendant did not have the ability to repay the money even if she borrowed money from the victim in the form of so-called “defluence” that he/she borrowed money from the victim without any specified income, or that he/she repaid the money in the form of “refluence” that he/she borrowed money from the victim.
Accordingly, the defendant, by deceiving the victim, received a total of 141,630,000 won from the victim and acquired it by fraud.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Each investigation report (including attached documents);
1. The details of each account transaction;