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A defendant shall be punished by imprisonment for three years.
except that the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On December 21, 2018, the Defendant made a false statement to the victim B by telephone at a non-place, stating, “If the Defendant lends money to the victim B in return for the importation of the Bohion, shoulder, and Airbrates, etc. from China, he/she would sell the goods and immediately sell the money.”
However, the Defendant did not import a train, etc., and tried to borrow money from the victim to pay it to other creditors, and did not have any intent or ability to pay it even if he borrowed money from the victim.
Nevertheless, as above, the Defendant, by deceiving the victim as above, received KRW 2,680,00 from the victim’s account (Account Number: D) in the name of the Defendant on the same day, and received KRW 2,680,000 from the victim from that time, from that time, and received KRW 681,830,000 in total over 62 times from the victim as shown in the attached crime list 1 until October 11, 2019.
2. On August 19, 2019, the Defendant committed a crime against the victim E by telephone from an unspecified place to the victim E, stating that “When the amount of goods is short of the amount of goods to be exported to China, if the amount of goods is leased to the Republic of Korea, the Defendant would be able to reflect the principal and the profits within one week, and even if the loss is incurred, the principal will be guaranteed.”
However, the Defendant did not import a train, etc., and tried to borrow money from the victim to pay it to other creditors, and did not have any intent or ability to pay it even if he borrowed money from the victim.
Nevertheless, as above, the Defendant, by deceiving the victim as above, received 30,000,000 won from the account (Account Number: D) in the name of the Defendant on the same day from the victim, and thereafter, was totaled as shown in attached Table 2 from December 16, 2019.