A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 2, 2014, the Defendant: “On-the-spot imported electronic equipment is sealed by dumping” to the victim C at a closed port.

The phrase “to pay money by selling the purchased electronic equipment at the face of lending money for the purchase of electronic equipment.”

However, in fact, the Defendant did not have any intent or ability to use the said money for the purchase of electronic equipment because the Defendant thought that the money was used to pay personal debts from the damaged party.

As such, the Defendant, by deceiving the victim, was transferred 40 million won to the national bank account under the name of the Defendant on the same day from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to C;

1. An inquiry report on credit information and a reply to a request for cooperation in investigation;

1. Application of Acts and subordinate statutes on the authentic copy, receipt, and account transaction of a fair deed;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 62(1) of the Criminal Act

1. Although the summary of the argument was the fact that the defendant borrowed money from the damaged person, the defendant does not have the intent to acquire money by deception.

2. According to the records, the Defendant and the victim had a financial transaction relationship prior to the borrowing of the instant money, and even after the Defendant borrowed the instant money from the injured party, it is recognized that the Defendant repaid the previous debt and paid approximately KRW 25 million with interest as to the instant borrowed money. Meanwhile, the following circumstances acknowledged by the evidence duly adopted and investigated by the court, i.e., ① the witness of electronic equipment, as stated in the facts charged in the judgment regarding the Defendant’s borrowing of the instant money from the injured party, was the purpose of purchasing the same goods as the “booms” that the Defendant purchased from the Defendant before the borrowing.