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A defendant shall be punished by imprisonment for not more than ten months.
An application filed by an applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
1. On September 19, 2013, the Defendant made a false statement to the effect that “The Defendant would pay back the money to the Defendant on the following month’s following month’s following month’s following month’s day by phone to the victim C, who is a workplace partner.”
However, at the time, the Defendant did not have any particular property other than KRW 3 million, and paid KRW 720,000 per month during the individual rehabilitation period, and was individually borrowed from the lending company's loan obligation of KRW 20,000,000 from the workplace rent, etc., and used most of the above income as the principal and interest payment of the above obligation. Even if the monthly wage is paid, the Defendant was planned to use it as the principal and interest payment of the existing obligation, living expenses, and gambling expenses, and thus did not have any intent or ability to pay the borrowed amount as promised to the victim.
Nevertheless, the Defendant, as such, by deceiving the victim, received KRW 100,000 from the victim to the new bank account under the name of the Defendant on the same day, and received total of KRW 38,842,600 from the victim to March 13, 2014 as stated in the attached Table 1 “crime List 1,” and received total of KRW 26,842,60 from the victim for the purpose of operating expenses, agreement, etc.
Accordingly, the defendant was given property by deceiving the victim.
2. On October 25, 2013, the Defendant made a false statement to the effect that, at the office of “a Co., Ltd., Co., Ltd.,” located on the fiveth floor of Seocho-gu Seoul Metropolitan Government, Seocho-gu, Seoul Metropolitan Government, Co., Ltd., Co., Ltd. on the fiveth floor of the 71ma building, the Defendant would first use the construction section first if he/she lends the card, and make a repayment with the borrowed money borrowed prior to the payment on the next monthly payment day.”
However, the defendant was in a situation where he bears a large amount of obligation as stated in paragraph (1).