A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person who operates the “C” in Ansan-si B.

1. At around 08:50 on April 3, 2019, the Defendant called the victim D and asked the victim D to pay KRW 20,000,00 in cash to the corporate credit card to settle KRW 23,50,000 with the corporate credit card. (b) If the Defendant borrowed KRW 20,000,000 to the other, the credit card payment would be 3-4 days so that the credit card payment would be repaid on April 8, 2019.

However, the Defendant did not have any person who paid the credit card as above, and there was no intention or ability to pay the credit card even if he borrowed the money from the victim because he was able to use it for the repayment of his existing debt.

Ultimately, around April 3, 2019, the Defendant, by deceiving the victim as above, received KRW 20,000,000 from the victim through the Agricultural Cooperative Account (Account Number: E) in the name of the Defendant.

2. On April 3, 2019, the Defendant received money as stated in Paragraph 1, around 09:10, the Defendant again called the said victim’s phone, and then changed the amount of KRW 5,000,000 in cash to pay KRW 7,00,000 with an individual credit card as the person who paid the corporate credit card is required to pay the said amount. The Defendant made a false statement to the effect that “A person who paid the corporate credit card will pay KRW 5,00,000 with KRW 20,000 prior to the loan of KRW 5,00,000.”

However, the Defendant did not have any person who paid the credit card as above, and there was no intention or ability to pay the credit card even if he borrowed the money from the victim because he was able to use it for the repayment of his existing debt.

Ultimately, around April 3, 2019, the Defendant, by deceiving the victim as above, received KRW 5,000,000 from the victim through the Agricultural Cooperative Account (Account Number: E) in the name of the Defendant.

3. On April 8, 2019, the Defendant called the victim on a telephone at around 17:00, thereby making it impossible for the victim to pay the money.