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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
1. Fraud against the victim C;
A. On December 31, 2012, the Defendant: (a) made a phone call to the victim C on December 31, 2012; and (b) made a false statement stating that “A victim would take over a certified judicial scrivener’s office; (c) would lend KRW 10,00,000,000,000,000,000,000,000,000,000,000,000 won; and (d) would pay five additional interest;
However, at the time of fact, the Defendant had a debt of KRW 100 million, while there was no particular property, and did not want to take over the above D Judicial Scriveners office, and even if he borrowed the above money from the injured party, there was no intention or ability to complete the payment.
Nevertheless, the defendant deceivings the victim as above and obtained the delivery of KRW 10 million on the same day from the victim and acquired the amount equivalent to the same amount.
B. Around December 31, 2013, the Defendant, on December 31, 2013, sent a phone call to the victim C, and said, “E certified judicial scrivener is expected to have suffered cancer and he/she will have received the E certified judicial scrivener office, and the acquisition cost of KRW 10,000,000,000,000,000,000,000,000, is to be repaid without mold.”
However, at the time of fact, the Defendant had a debt exceeding KRW 100,000, but did not have any property, and did not have any intent or ability to repay the debt even if he borrowed the above money from the injured party.
Nevertheless, the defendant deceivings the victim as above and obtained the delivery of KRW 10 million on the same day from the victim and acquired the amount equivalent to the same amount.
2. On April 13, 2015, the Defendant made a false statement to the Victim F, stating that “A certified judicial scrivener office requires the cost of receipt of registration, etc., and he/she will repay money to the victim F within the acceptance day of lending money.”
However, at the time of fact, the defendant was liable to pay more than KRW 100 million, and the debtor was in arrears due to his/her failure to pay his/her debts, while he/she borrowed money from the victim due to no particular property.