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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
The Defendant, while making an investment in bonds and virtual currency, has come to know money, had known from 2015 to borrow money from the victim B.
1. On March 30, 2017, the Defendant: (a) posted a phone call to the victim; and (b) made a false statement to the victim that “I would not have any operating fund for operating the C commercial building known to and from the luminous owner. If I would have lent money to that person, I would pay the interest in two copies per month, and the principal will be repaid without any mold after one year. If I would have lent money, I would have given I would have to purchase insurance products and lend KRW 200 million to I would have to purchase insurance products.”
However, the Defendant thought that he would use the above money in debt repayment and living expenses, etc., and did not lend the operating fund to the operator of C commercial buildings, or he did not intend to purchase insurance products for the Defendant. Around that time, the Defendant was liable to pay approximately KRW 100 million, and there was no intention or ability to pay the above money normally without any particular income or property.
As such, the Defendant, by deceiving the victim as such, received from the victim a remittance of KRW 50 million on the same day from the victim to the one bank account in the name of friendship, as the borrowed money, KRW 50 million on March 31, 2017, KRW 100 million on April 3, 2017, and KRW 150 million on May 2, 2017, respectively.
2. On October 26, 2017, the Defendant: (a) made a false statement to the victim, stating, “Around October 26, 2017, the Defendant was able to use a telephone and make a repayment without a mold, with phone calls from the victim; (b) it is urgently necessary to operate the construction business funds. If the Defendant borrowed money to the omission, it would be possible to use it as a motor vehicle for a short time and without a mold.”
However, the defendant thought that he will use the above money such as debt repayment and living expenses, and did not lend business funds to a person who runs a construction business in the interest of him at that time, and the economic situation of the defendant is the same as that of paragraph 1.