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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. The Defendant committed the crime against the Victim C, at the office of the victim in Yong-si around July 2015, 2015, made a false statement to the victim that “I will pay E (T) with the funds necessary for the operation of E, and will be repaid within the soon as possible.” The Defendant received KRW 10 million from the victim in cash on August 28, 2015, and around the 28th of the same month, paid KRW 10 million with the Defendant’s new bank account at the Defendant’s new bank account; and
9. around October of the same month, the Defendant received KRW 40 million in total from the Defendant’s single bank account and KRW 20 million in total from around the 17th day of the same month to the Defendant’s single bank account, respectively.
However, even if the Defendant was absent from gambling at the time and borrowed the above money from the injured party, he thought to use it as gambling funds other than E’s operating funds. At the time, the Defendant did not have any intent or ability to repay as promised even if he was to bear a debt of 1.2 billion won or more due to joint and several liability and borrowed money from the injured party.
Accordingly, the defendant was given property by deceiving the victim.
2. On December 2, 2016, the Defendant committed the crime against the Victim F, at the Defendant’s office located in Gangdong-gu Seoul Metropolitan Government on the following occasions: “Around December 2, 2016, the Defendant was provided with KRW 30 million from the victim’s KEB bank account around December 5, 2016; KRW 30 million from the victim; KRW 30 million from the July of the same month; KRW 20 million from the victim’s September of the same month; and KRW 80 million from the sum, such as receiving KRW 20 million from the Plaintiff, respectively.
However, even if the defendant was absent from gambling at the time and borrowed the above money from the injured party, he thought that he would use it as gambling funds other than E's operating funds, and at the time, the defendant bears a debt of more than 1.2 billion won due to joint and several sureties.