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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2016 Highest 526]
1. On June 1, 2016, the Defendant thought that the Defendant would borrow money from the victim C, even if he/she borrowed money from the victim C, and the Defendant’s obligation at the time was 15,500,000 won and the Defendant’s obligation was to be paid every month, and thus, the Defendant did not have the intent or ability to repay the money within the time limit for the promise to borrow money from the damaged party, and the Defendant was in operation by phone call to the victim and did not pay the acquisition price. If the Defendant borrowed KRW 20,000,000, the Defendant did not pay the acquisition price. The Defendant’s obligation was received KRW 1,00,000 each month from July 25, 2016 to KRW 20,000 each month. The Defendant received the money from the new bank account under the name of the Defendant (e.g., account number of the victim and received KRW 50,500,000 from the victim.
2. On June 14, 2016, the Defendant: (a) made a false statement to the victim that “it is necessary to pay KRW 5,000,000 on the receipt of the deposit; and (b) made a payment within three (3) days from the receipt of the deposit; and (c) received KRW 5,00,000 from the victim’s new bank account in the name of the Defendant on the same day by deceiving the victim to receive KRW 5,00,000 from the victim.”
3. On June 30, 2016, the Defendant received money from the victim C even if he/she borrowed money from the victim C, the Defendant received money from the victim by phone and received money from the victim to the said new bank account in the name of the Defendant on the same day. The Defendant received money from the victim by deceiving the victim.
[2017 order 32]
1. On June 25, 2016, the Defendant: (a) at the coffee shop located in the F of YY around 13:00, the Victim G.