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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. Fraud against the victim B;
A. On June 11, 2013, the Defendant made a false statement to the victim B (35 tax) (35) who became aware of through Internet hosting at a non-permanent place, stating that “I would have to pay back money in short of living expenses.”
However, in fact, the Defendant, including financial institutions, has reached KRW 60 million, and the monthly payment that the Defendant received was insufficient to prevent the repayment of the interest on the loan, and the Defendant was thought to use the money received from the victim for personal purposes, such as repayment of debt or living expenses. Therefore, even if he borrowed money from the victim, there was no intention or ability to repay it within the agreed period.
As such, the Defendant deceptioned the victim, and received KRW 150,000 on the same day from the victim to the corporate bank account (Account Number C) in the name of the Defendant, and from August 14, 2016, the Defendant requires the father’s hospital expenses to be incurred from the victim until August 14, 2016.
The parent deceivings the victim by “to pay the purchase of money,” etc., and received a total of KRW 17,911,635 from the injured party, total sum of KRW 17,91,635 from the Defendant’s bank account (Account C, Account Number D) and the Saemaul Treasury account (Account Number E).
B. On August 26, 2015, the Defendant made a false statement stating that “The Defendant would be liable for joint and several sureties and shall not have any damage to repayment of money in order to obtain a loan of KRW 5,000,000 from the social loan of KRW 5,00,000 from the said victim B and from the loan of KRW 3,00,000 to the said victim B, a stock company, or a loan of KRW 5,00,00.”
However, in fact, the defendant has reached 60 million won including financial institutions' debts, and the monthly wage received per month alone was insufficient to prevent the return of the interest on the loan, and since the money received from the victim was thought to be used for an urgent debt repayment or an individual purpose, the victim is the victim.