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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.
Reasons
Punishment of the crime
The defendant is the victim B and the elementary, middle, and high school, and the facts are the employees of the rental car company with approximately KRW 1,300,000,000,000,000. The defendant did not have any intent or ability to complete payment even if he operated the marina shop or borrowed money from others without any specific property.
1. The Defendant, on December 2017, sent KRW 1,938,000 from December 9, 2017 to January 2, 2018, to the victim’s account (D) in the name of the Defendant from January 9, 2017 to January 2, 2018, on the ground that “if he has made an investment, he/she will give KRW 2,00,000 to the monthly salary from January 2, 2018.”
2. On December 10, 2017, the Defendant: (a) made a false statement that he/she would pay a credit card payment in the name of “the victim from the cross-defluent car page in Seocheon-dong, Busan; and (b) he/she received the E card in the name of the victim from the victim; and (c) obtained the same amount of property benefits using 2,093,340 won over 15 times as indicated in the attached Form No. 2, and acquired the same amount of property benefits; and (d) obtained the F card in the name of the victim by using the same amount of 691,844 won over 15 times as listed in the attached Form No. 3.
3. On December 11, 2017, the Defendant: (a) made a false statement that the Defendant would pay the victim the mobile phone payment by including 300,000 won per 30,000 won per 1 week in the name of the victim in the “H” parking lot located in the Busan Northern District; (b) received two cellular phoness (I and J) from the victim and used them; and (c) caused the victim to pay the amount of KRW 3,897,010.