A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

[2018 Highest 689]

1. On May 6, 2013, the Defendant made a false call to the victim B by phone at a place where the location is unknown, stating, “If he/she lends money to the victim KRW 7 million as he/she needs to pay money at his/her registration fees and other various expenses, he/she will repay money by the end of this month.”

However, the Defendant was in bad credit standing at the time, and was unable to repay the bank loans amounting to 25 million won or more, and the Defendant’s debt amounting to 60 million won to other creditors C even after the maturity date on June 2012, 2012, was in excess of his/her obligation, and thus, even if he/she borrowed money from the victim until May 2013, 2013, he/she did not have any intent or ability to repay it until May 2013.

On May 6, 2013, the Defendant received KRW 7 million from the victim to the account in the name of the Defendant’s seat.

Accordingly, the defendant, by deceiving the victim, has acquired 7 million won proprietary benefits.

2. On May 13, 2013, the Defendant made a false statement to the victim B by phone call at a place where the location is unknown, stating that “If there exists an urgent use of money, and additional KRW 20 million is lent, it would be repaid by the end of this month.”

However, the Defendant was in bad credit standing at the time, and was unable to repay the bank loans amounting to 25 million won or more, and the Defendant’s debt amounting to 60 million won to other creditors C even after the maturity date on June 2012, 2012, was in excess of his/her obligation, and thus, even if he/she borrowed money from the victim until May 2013, 2013, he/she did not have any intent or ability to repay it until May 2013.

On May 13, 2013, the Defendant received KRW 20 million from the victim to the F account in the name of the representative in the name of the E in the name of the Defendant, which was operated by the Defendant.

Accordingly, the defendant deceivings the victim, thereby acquiring pecuniary benefits equivalent to KRW 20 million.