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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. On February 25, 2016, the Defendant, at a place where it is difficult to know the place on or around February 25, 2016, called the victim B by phoneing to the victim B, saying, “I would like to purchase and remodel a singing room in Hoju C and then sell the difference. I would like to sell the singing room within one month and pay the interest with the proceeds therefrom.”
However, on November 2015, the Defendant had already leased a singing room on the racing C and had been operating the singing room directly after the completion of repair, so there was no need for remodeling expenses additionally. The Defendant’s premium for the singing room purchased by the Defendant is merely equivalent to KRW 20 million, and thus there was no possibility that the Defendant would receive premium in excess of KRW 90 million and sell it to others and make profits from it. Since the money received from the victim was planned to repay the debt borrowed from financial institutions and private individuals and to use it for the cost of living, the Defendant did not have any intent or ability to pay the money to the victim within the agreed date even if he received the money from the victim.
Nevertheless, the Defendant, as above, made a false statement to the victim, and received KRW 20 million from the victim as the borrowed money on February 25, 2016, and KRW 15 million from February 29, 2016 to the bank account (E) in the name of the Defendant.
Accordingly, the defendant was given property by deceiving the victim.
2. On November 7, 2015, the 2018 Highest 449 fraud Defendant made a false statement to the victim B, stating that “The victim B would raise interest on the loan of money.”
However, in fact, the Defendant did not have certain income, and was thought to use the money received from the victim as personal debt repayment and living expenses, so even if he received money from the victim, the Defendant did not have any intention or ability to pay the interest or to pay the principal.
Nevertheless, the defendant is the same day from the victim.