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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
"2014 Highest 1977"
1. Fraud against the victim C;
A. On March 5, 2008, the Defendant made a false statement to the effect that “B shall pay the credit card price to the victim C with interest accrued later, and by selling real estate auction, the Defendant lent 30 million won due to the lack of the credit card payment cost, sold the domestic real estate, and expected to receive any balance after two months, as the Defendant would not know the name located in the D building in Suwon-gu, Suwon-si, Suwon-si, Suwon-si.”
However, the Defendant did not engage in the business of paying credit card loans on behalf of the Defendant, and there was no real estate sold, and there was no intention or ability to pay the borrowed loans on the ground that the Defendant paid interest on the bonds with the borrowed money or used it as a living expense.
On March 5, 2008, the Defendant, by deceiving the victim, received KRW 30 million from the victim’s bank account in the name of E on March 5, 2008.
B. On March 28, 2008, the Defendant made a false statement to the effect that “A member of G Council located in F in Suwon-gu, Suwon-si, Suwon-si, would make a credit card payment on behalf of the victim C, if there is any shortage of money in paying the credit card price on behalf of the victim C, and if a member borrowed KRW 10 million, he would make a payment after one week.”
However, not only did the Defendant did not perform the credit card payment business, but also did not have any intent or ability to repay the borrowed money as a result of the repayment of interest on the bonds with the borrowed money or the use of the borrowed money as a living expense.
On March 28, 2008, the Defendant, by deceiving the victim, was delivered KRW 10 million to the bank account in the name of E on March 28, 2008.
C. Around April 13, 2008, the Defendant made a false statement to the effect that “The Defendant would pay credit card bills to the victim C, which is insufficient to pay on behalf of the victim C, and whether the intermediate payment of real estate enters the real estate after three days.”