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A defendant shall be punished by imprisonment for not less than eight months.
The defendant pays 40,000,000 won to the applicant for compensation by deceit.
3.2
Reasons
Punishment of the crime
From October 2012, the Defendant is a person running an entertainment drinking house E in Pyeongtaek-si D, and the victim C is a F son who performed cleaning work in the said entertainment drinking house.
1. Around October 16, 2012, the Defendant: (a) stated that “The Defendant borrowed money of KRW 20 million in return for an entertainment drinking club ice to the said F in the early E entertainment drinking club from the Defendant on October 16, 2012; (b) provided that “The Defendant would receive money from Pyeongtaek-si and Jeju-do and receive KRW 40 million after two months after the two months from the G operating the driving club, and that “The Defendant would receive money from the said F in return for the said money.” (c) said F would lend money to the said F in return for the said money due to the lack of money.”
Accordingly, around October 16, 2012, the above F connected the Defendant with H apartment units F and the victim’s house to make a telephone call with the victim, and the Defendant did not have any other property equivalent to the market value of KRW 20 million, but did not pay credit card payments under the circumstances where there was an obligation of KRW 00,000,000, and even if he received money from the above G, he was thought to be used as the Defendant’s personal obligation repayment, and thus, he made a false statement with the same content as the victim’s statement to the above F even though he did not have the intent or ability to make a full payment of the money, and accordingly, he received from the victim the money borrowed from the Defendant agricultural bank account in the name of the Defendant as a loan around October 16, 2012.
Accordingly, the defendant was given property by deceiving the victim.
2. Around October 30, 2012, the Defendant again made a telephone call with the victim on or around October 30, 2012, and again made a false statement to the effect that “The Defendant would make a payment without molding with the money lent to the victim KRW 20 million as her mother and child in saving a baby. If the Defendant received KRW 40 million from G after the two months, she would make a payment with the money lent on October 16, 2012.”
However, the facts are.