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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
In 197, the defendant misrepresented himself to the victim B as a national personnel at his age club in 1997, and has maintained friendship since the birth of the trial.
1. On November 10, 201, the Defendant called the victim in the vicinity of the Incheon Port, saying, “Aber is in need of urgent medical treatment because Ausber is dispatched to the Yellowju in China (at the National Assembly) and went back to China. However, the Defendant made a false statement that there was a transaction with China.”
However, from the beginning, the Defendant was not a personnel member of the NIS, and was thought to use the money for the cost of living, not the father's hospital, who lent the money from the victim, and there was no income or property, and there was no intention or ability to repay the borrowed money.
Ultimately, the Defendant acquired 6 million won from the victim to the bank account (number C) in the name of the Defendant on the same day.
2. Around March 12, 2012, the Defendant made a false call to the victim in the vicinity of the Yeongdeungpo-gu Seoul Military Station, and the victim knew the Defendant as a personnel of the NIS and trusted the Defendant as a personnel of the NIS.
However, the defendant did not have any particular property or income, and even if he borrowed money from the victim, he did not have any intention or ability to repay the money, and he was able to repay other debts.
After all, the defendant acquired 7 million won from the victim to the bank account in the name of the defendant's wife D on the same day.
3. On March 13, 2012, the Defendant called the victim’s phone at a Buddhist area in Seoul and below Seoul, and falsely read, “I will see and resolve the civil cases involving four wife’s progress through each type of paper, if Igregnged the hospital expenses. Igregng the hospital expenses, I would like to identify and resolve the civil cases involving four wife’s progress.”
However, the defendant is a victim through a punishment.