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A defendant shall be punished by imprisonment for seven months.
Reasons
Punishment of the crime
1. On April 25, 2016, at around 16:00, the Defendant made a false statement to the victim at a restaurant operated by the victim C in Ulsan-gu, Ulsan-gu, Seoul-gu, that “A person engaged in the construction business would pay money to the owner within three months from the date of borrowing, if he/she lends KRW 30 million to the owner, as he/she is urgently required to receive construction orders and use it for the construction cost.”
However, in fact, the Defendant received money from the injured party to pay personal debts or used them as living expenses, and did not have received orders from the person who received orders from the injured party, and was engaged in the work at a singing room, but at the same time, the Defendant did not have any intent or ability to pay the said money even if he borrowed money from the injured party.
Ultimately, the Defendant, by deceiving the victim as above, received from the victim, one million won in total from the community credit cooperative account in the name of the husband of the Defendant for the purpose of borrowing from the victim on April 25, 2016, and 30 million won in total by receiving the remittance of KRW 29 million under the same name as around the 26th day of the same month.
2. On May 25, 2016, the Defendant made a false statement to the victim that “The Defendant would pay interest on two occasions if he/she lends 20 million won as he/she needs to pay money to the victim, and he/she would pay it immediately after two days to three days if he/she had a change in the essential form.”
However, the Defendant was working in a singing room at the time, and did not engage in a loan business (hereinafter referred to as “drawing”). The Defendant was liable for the debt amounting to KRW 50 million or KRW 60 million at the time, and thus, did not have any intent or ability to repay the debt even if he borrowed money from the injured party.
Ultimately, on May 25, 2016, the Defendant: (a) by deceiving the victim as above; and (b) transferred KRW 20 million to the Saemaul Treasury account in the name of the husband of the Defendant under the name of the husband from the damaged party.
(i) the evidence;