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1. The defendant shall be punished by imprisonment with prison labor for ten months;
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
2...
Reasons
Punishment of the crime
1. On July 20, 201, the Defendant made a false statement to the high school-friendly victim D by telephone call to the high school-friendly victim D, stating, “If the lessee is unable to rent the leased business due to the shortage of money, he/she borrowed money and instead received interest on behalf of him/her. If he/she lends KRW 8 million to the lessee, he/she will lend the lessee only for the contract term and pay the interest of KRW 600,000 per month until he/she fully pays the money.”
However, there was no intention or ability to repay to the victim, as agreed, under the circumstance that the defendant did not have any particular property or income at the time, there was no intention or ability to receive money from the victim to use it for card payment, loan interest, etc.
The Defendant received KRW 36,350,000,000 from the victim on July 20, 201, in total, nine times in the same manner as shown in the attached crime list 1, including the receipt of KRW 8 million from the victim in the Agricultural Cooperative account (Account Number E) under the name of the Defendant, and from October 25, 201.
Accordingly, the defendant was given property by deceiving the victim.
2. On October 31, 2011, the Defendant made a false statement to the victim D, stating, “The Defendant would complete the repair of the vehicle by paying the repair cost to the victim who sent the vehicle repair cost to the victim, and paying the repair cost.”
However, in fact, it was thought that the victim would receive money from the victim to use the card price, interest on loans, living expenses, etc., and there was no intention to pay the vehicle repair cost.
The Defendant received KRW 34 million, including KRW 20 million from the victim, KRW 5 million on October 3, 201, KRW 12.5 million on December 12, 16, KRW 12.3 million on December 16, 12, and KRW 6 million on December 22, 12, from the said agricultural bank account under the name of the Defendant.
Accordingly, the defendant was given property by deceiving the victim.
3. The Defendant: (a) on October 201, 201, in a telephone call to the victim D at a place unclaimed to a police officer.