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A defendant shall be punished by imprisonment for two years.
An applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
1. Around June 30, 2015, the criminal defendant against the victim L said that “the victim is lacking money to calculate the end of the month” at the N Amusement tavern located in Seongbuk-gu M, Changwon-si, Changwon-si. If the victim borrowed money from the Sangnam-dong, then the victim will have an interest for his/her lending if he/she lends his/her interest.”
However, in fact, the Defendant was planning to use the money received from the victim for personal debt repayment, etc., even if the Defendant borrowed money from the victim in the manner of return due to the absence of any special property or income, such as the aggravation of the operation of the entertainment drinking club operated with a debt of KRW 120 million at the time, and there was no intention or ability to repay the money from the victim.
As above, the Defendant, by deceiving the victim, received KRW 3 million in cash from the victim on the same day, and acquired it, and from the above date to August 12, 2016, received KRW 144,590,000 in total over 26 times from the above date and time to August 12, 2016, and acquired the pecuniary benefits equivalent to KRW 4,41,478 in total.
2. Around July 19, 2015, the criminal defendant against the victimO stated, “Around July 19, 2015, the victim stated that “I will pay the victim the interest on the loan of money to two or three parts and pay it within one month.”
However, at the time, the defendant borrowed money from the victim in the same situation as the above Paragraph 1, the defendant was plans to use not only the intent or ability to pay the money in time but also the money received from the victim for personal debt repayment.
As above, the Defendant, by deceiving the victim as above, received KRW 1 million from the victim to the Agricultural Cooperative (S) account in the name of R as designated by the Defendant for the same day from the victim, and acquired it by fraud, and on May 14, 2016 from the above date and time.