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A defendant shall be punished by imprisonment for not less than three years and six months.
Reasons
Punishment of the crime
[2016 Highest 3937]
1. On November 20, 201, the Defendant made a false statement to the effect that “E” entertainment points in the “E” operation of the victim D, which is located in the Busan Seo-gu, Busan, stating that “the victim will work as an employee at a business establishment run by Do governor who has paid off the debt KRW 20,000,000 in the present business establishment” to the victim.
However, in fact, even if the defendant did not own any property and has borrowed money from the injured party for about 50,000,000 won, he did not have any intention or ability to repay the money, and there was no intention to work at the business place in the operation of the injured party.
The Defendant received KRW 1,00,000 from the injured party to the Agricultural Cooperative (G) account in the name of Defendant F, as the repayment of his debt on the same day, and received KRW 33,400,000 in total five times from around that time to December 12, 201, as shown in attached Table 1.
Accordingly, the defendant was given property by deceiving the victim.
2. On January 5, 2012, the Defendant made a false statement to the effect that “The Defendant would lend money to the victim from the Plaintiff at the victim I’s house located in Incheon Strengthening-gun H, and that “The Defendant would have repaid the money with its operating revenue by leasing money to the victim.”
However, in fact, even if the defendant did not own any property, and he did not borrow money from the injured party for about 50,000,000 won with personal debt, he did not have the ability to repay the money, and only tried to use money with the injured party under the pretext of marriage with the injured party, and there was no intention to repay the money.
The Defendant received KRW 2,700,000 from the injured party for the same day as the borrowed money, and received KRW 42,400,000 in total seven times from around that time to February 2, 2012, including the transfer of KRW 2,70,000 from the injured party to the Agricultural Cooperative (K) account under the J’s name. From around that time to around February 2, 2012, the Defendant received KRW 28,000,000 in total twice.
In this respect, the defendant deceivings the victim to take property.