사기
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On June 2018, the Defendant, while working as the employee C in the Chungcheongbuk B, was willing to borrow money from the victim D, who became aware of as a customer, with the pretext of investing in accepting and operating a singing room.
1. On July 2018, the Defendant, who acquired money from the victim on a temporary basis, did not have any intent or ability to immediately repay the borrowed money, even if he/she borrowed money from the victim.
Nevertheless, the Defendant, who received the victim’s “one million won on July 24, 2018 and 3 million won on July 25, 2018, by borrowing the money for a short-term motor vehicle to repay immediately,” and acquired it as each borrowed money.
2. On August 2, 2018, the Defendant, on August 2, 2018, through singularation, concluded on the victim’s August 2, 2018, that “The Defendant would engage in a singinginginging business by leasing the Fnonode with E. The Defendant would pay back KRW 114 million with the term “on September 13, 2018, if the acquisition fund is lent.” The Defendant said that the Defendant would receive profits by running a singing room.”
However, the defendant did not have a plan to take over and operate singing, and it was not confirmed on September 2018 that there was no time limit of 100 million won or more.
Nevertheless, as above, the Defendant, by deceiving the victim as above, received KRW 20 million from the victim as the above Fnob credit cooperative account in cash on August 2, 2018, and received KRW 20 million on August 9, 2018, KRW 600,000 on August 17, 2018, KRW 30,000 on August 23, 2018, and KRW 5 million on August 27, 2018, received KRW 81,000 in total from the victim as the borrowed money to the community credit cooperative account under the name of the Defendant (G) to take over music.
3. On September 3, 2018, the Defendant defrauded KRW 30 million on the pretext of an agreement on September 3, 2018, the Defendant stated that “on September 3, 2018, the Defendant would promptly repay the amount of KRW 50 million to the victim on the 13th day of this month if the Defendant lent KRW 30 million to the victim.”
However, the defendant is in a place other than the assault case agreement amount.