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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
1. Around August 9, 2011, the Defendant stated, “Around August 9, 2011, the Defendant said that “I will perform the work first of all, 3.5 million won in advance, on the part of the victim C’s D's operation located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, and that “I will perform the work.”
However, at the time, the defendant bears the obligation of 30 million won or more, and even if the victim first pays 3.5 million won or more, he did not have the intention or ability to pay it.
Nevertheless, the Defendant, as seen above, was accused of the victim and was transferred 3.5 million won to the account in the name of the Defendant on August 10, 2011.
2. On August 16, 2011, the Defendant stated that “the Defendant would have caused a sudden increase in the house” to the victim at the above DDada. The Defendant said that “one million won would have been paid earlier.”
However, at the time of fact, the defendant had no intention or ability to pay the amount even if he/she borrowed money from the victim because he/she bears the obligation of 30 million won or more.
Nevertheless, the Defendant deceivings the victim as above and received five million won from the victim to the account in the name of the Defendant on the same day.
3. On September 7, 2011, the Defendant stated in the above DDada as follows: “In the case of the Defendant, I cannot go to another place where I would like to go to the Suwon Prison, for which I would like to pay 10 million won in advance. I would like to say that “I would like to go to the Suwon Prison, for which I would like to pay 10 million won in advance, if I would like to know about 10 million won.”
However, at the time, the defendant thought that he would use 10 million won for the repayment of an urgent debt, not for the situation where the agreement is needed, and even if he borrowed money from the victim, he did not have the intention or ability to repay it.
Nevertheless, the Defendant, as above, was urged by the Defendant and received KRW 10 million from the victim on the same day.
4. On November 24, 201, the Defendant, at the above DDada, has an amount of two million won as the “victim’s living expenses.”