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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
1. On October 13, 2009, the defrauded made a call to the victim C by telephone, saying, “The money is insufficient to rent the store for the clothing business. It is urgently changed to loan KRW 30 million up to the day,” and on the same day, again agreed to borrow KRW 100 million between the victim and the victim. On October 14, 2009, at the same time, the Defendant held that “D” in the coffee specialty store located on the first floor of the Gangnam-nam bus Terminal in Seocho-gu Seoul Metropolitan Government, Seocho-gu, Seoul, that “I would be able to pay money immediately if I want to do so.” The Defendant said that “I will pay the principal amount of KRW 100 million and interest of KRW 30 million within three months.”
However, the Defendant demanded that the funds borrowed from the victim be lent KRW 30 million with the intent to use them as the existing debt repayment rather than the cost of leasing clothes. It was merely a stage of preparation for the clothing business at the time, but it was not possible to gain business profit within a short period because it did not have any specific stage of business implementation. The Defendant did not have any intent or ability to repay the money as agreed, even if most of the borrowed money was consumed by the victim due to the repayment of debts, entertainment expenses, living expenses, etc.
As such, the Defendant deceivings the victim, which is, from the victim’s seat, obtained cash KRW 100 million from the victim as the borrowed money, and acquired it by fraud.
2. Around 10:00 on April 12, 2012, the Defendant: (a) urged the victim to repay the borrowed amount under paragraph (1) by telephone; (b) the Defendant: (c) expressed that the victim “the victim is aware that he would be divorced from feasible feass; and (d) the inside of the Republic of Korea would be feasible feassing feass. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h.
Summary of Evidence
1. Partial statement of the defendant;
1. A protocol concerning the suspect examination of the accused;
1. C.