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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. On December 9, 2008, the Defendant was operated by the Defendant on December 9, 2008, the store D 101.
In the E restaurant, the victim C made a false statement to the victim C, “I will pay all principal and interest after three months since I would have borrowed 5 million won as I would not know that I would have received money from a foreign country. I would not know that I would have received money from a foreign country. I would have borrowed 5 million won.”
However, even if the defendant borrows money from the complainant, he/she did not have any intention or ability to pay the principal and interest within three months.
The defendant deceivings the victim as above and transferred 4.8 million won to the account of the National Bank in the name of the defendant and the Saemaul Bank from the victim's position, and was delivered 200,000 won in cash.
Accordingly, the defendant was given property by deceiving the victim.
2. On March 3, 2008, the Defendant: (a) on March 3, 2008, operated by the Defendant on March 1, 2008.
In the E cafeteria, the victim F was falsely stated as “The principal and interest will be paid in full every 150,000 won every day on a 80-day basis by lending KRW 10 million to the victim F.
However, in fact, since the victim had expressed an intention to prevent the return of existing debts, etc. from lending money from the victim in excess of debt, even if he/she borrowed 10 million won from the victim, he/she did not have any intention or ability to change it in the number of days for 80 days.
The Defendant, as above, was delivered KRW 14 million in total over 18 times from February 2008 to November 20, 2009, including by deceiving the victim and being given delivery of KRW 10 million from the victim’s place of such deception (Provided, That “ KRW 11,00,000” of the amount of damage No. 2 once in the present year was “ KRW 10,000” to “ KRW 10,000).
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Legal statement of witness F;
1. Part of the protocol concerning the examination of the suspect against the defendant;