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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
The Defendant became aware of the victim D, who was the denial of friendship C, at a university-friendly family meeting of the father-gu and the father-child families, and the above C died of disease.
The defendant knew that the victim borrowed money after her husband's death and tried to receive interest from him/her, and he/she acquired money from the victim.
The defendant did not have any intention or ability to complete payment even if he borrowed money from the victim due to the absence of any specific property or income.
In addition, the defendant did not want to receive money from the victim because he did not have a friendly intermediary in the international market and to use the money for the defendant's living expenses, etc.
1. On September 11, 2013, the Defendant stated that “A victim D, who was the denial of a friendship-friendly relationship that died in the international coffee shop located in Busan, was unable to engage in a false wholesaler in the international market, and there is insufficient business funds of 50 million won. There are 20 million won within the Republic of Korea, and there is a loan of 30 million won. There is only money. There is only money for marriage, and the Defendant will sell a mistake and make a payment of money until it is late. When lending money, the Defendant would receive the interest of 1 copy per month from the friendship.”
Around September 11, 2013, the Defendant, by deceiving the victim as above, received a remittance of KRW 29,90,000 from the new bank account under the name of the Defendant as the borrowed money.
2. On September 2013, the Defendant made a false statement that “If a victim lends an additional amount of KRW 20 million to the victim by telephone, he/she would have to pay 50 million to the victim an additional amount of KRW 50 million and pay interest per month.”
Around October 1, 2013, the Defendant, by deceiving the victim as above, received KRW 20 million from the new bank account in the name of the Defendant to the new bank account in the name of the Defendant.
3. Accordingly, the Defendant obtained a total of 49 million won from the victim and acquired it by deception.
Summary of Evidence
1. Defendant's legal statement;
1. D. D.