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Defendant shall be punished by imprisonment for a term of one year and six months.
Reasons
Punishment of the crime
"2019 Highest 1259"
1. On February 21, 2017, the Defendant against the victim B was transferred from the victim to the F Bank account in the name of the Defendant on the same day under the name of the F Bank account in the name of the Defendant, on the ground that, even if the Defendant received the advance payment from the victim, the Defendant did not have the intent or ability to embark on the E owned by the victim, and that, in fact, the Defendant did not have the intent or capacity to embark on the part of the victim, the Defendant would have on the part of the victim from E to April 20, 2017.
On June 13, 2017, at a place where it is impossible to know the location below the Simyoung-si, the Defendant continued to receive the money from the victim, and the fact does not have the intent or ability to board the E owned by the victim even if he received the money, and the victim makes a false statement that “The amount of KRW 2.5 million from the day in which the president was on board the ship is changed to the amount of KRW 2.5 million from the day in which he was transferred from the victim to the said account as the same day money.”
As above, the Defendant, by deceiving the victim as above, received a total of KRW 12.5 million from the victim twice.
2. On May 18, 2017, the criminal defendant against the victim H calls to the victim at a place where it is difficult to know a location below the Jeju-si, and false statement stating that “In this case, the court is currently in the process of a trial, and the complainants may be allowed to take up 6 million won on board, so they will continue to be on board a ship with money borrowed from the complainants.”
However, at the time of fact, the Defendant was on board I as the victim’s owner and did not have any revenue or property other than KRW 2,00,000,000,000 paid in advance by the victim until July 30, 2017, and thus, the Defendant did not have any intent or ability to complete the payment even if he borrowed money from the victim.
As above, the Defendant deceivings the victim as above, and thereby, J. 18 May 201, 200 won as the borrowed money from the victim.