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A defendant shall be punished by imprisonment for not less than three months.
Reasons
Punishment of the crime
Around May 8, 2019, the Defendant made a false statement that “The 37 persons who lend money to the victim D” phoneed from C in order to make a return of money to the 37 persons. The Defendant shall return money to the 4,5 days from the transfer of money to the 10% of the interest, and the interest shall be calculated and returned to 10%.”
However, in fact, the Defendant did not have any particular income due to the absence of occupation at the time, and the personal credit rating was limited to 9 levels because the Defendant failed to pay the debt of 13 million won or more borrowed from the financial institution, and was thought to use the money received from the victim for personal purposes, such as repayment of other debt unrelated to the victim or cost of living. Therefore, even if borrowing money from the victim, the Defendant did not have any intent or ability to pay the principal and interest promised to the victim
Around May 8, 2019, the Defendant, by deceiving the victim as above, received KRW 2 million from the victim to the F bank account (G) in the name of E designated by the Defendant, and received KRW 13 million from around that time to around December 13, 201, and acquired property benefits equivalent to the said amount by receiving KRW 13 million in total from the victim five times, as shown in the attached crime list, as shown in the attached list of crimes.
Around May 8, 2019, the Defendant made a false statement to the effect that “Around May 8, 2019, the Defendant would pay 10% of the borrowed money as interest if he/she lends money to the victim H to engage in casino-related activities.”
However, the Defendant did not engage in a casino-related work, and the personal credit rating was limited to class 9 because he did not pay the debt equivalent to KRW 13 million as well as no occupation or particular income at the time. Therefore, even if he borrowed money from the victim, the Defendant did not have any intent or ability to pay the principal and interest.
The defendant deceivings the victim as above and is designated by the defendant on the same day from the victim.