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A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
1. On November 29, 2017, the criminal defendant against the victim B stated that “I will use only 15 million won if I lend it before the victim’s house located in Gwangju Northern-gu C, and return it.”
However, in fact, the defendant did not have certain income at the time and did not have any property and did not have any intent or ability to repay money from the victim.
As such, the Defendant, by deceiving the victim as such, received KRW 15 million from the victim on November 29, 2017, KRW 15 million on December 28, 2017, KRW 1.5 million on January 8, 2018, KRW 29,7777,600 on January 10, 2018, and KRW 12.9 million on February 1, 2018 from the victim to the post office account (Account Number: D) in the name of the Defendant, and transferred KRW 100,000 on June 27, 2018, KRW 100,000 on June 28, 2018, KRW 100,000 on July 24, 2018, and transferred the total account number to the post office in the name of the Defendant (hereinafter referred to as “Defendant 76,760,76,767:
2. On February 12, 2018, the criminal defendant against the victim F said, by telephone, the victim F stated that “the victim F is obliged to pay the tax of the unmanned telecom operated by him/her rapidly.”
However, the Defendant did not have any intention or ability to pay, even if he borrowed money from the victim, because the Defendant did not pay the tax of the unmanned telecom at the time, and attempted to use the money from the victim as living expenses or gambling funds.
As such, the Defendant, by deceiving the victim and deceiving the victim on February 13, 2018, remitted the sum of KRW 5 million from the victim on February 13, 2018, and KRW 10 million from February 21, 2018, to the post office account (Account Number: D) in the name of the Defendant.
3. On March 14, 2018, the criminal defendant against the victim G said, “Ack-gu, Seo-gu, Gwangju, that “Ack-gu is engaged in domestic business and tax should be urgently prevented, thereby lending money.”
However, the defendant did not have certain income or assets at the time and did not have to pay taxes for business, and used the money borrowed from the victim for the cost of living.