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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
"2017 Highest 496"
1. Fraud against the victim B;
A. On October 6, 2015, the Defendant called the victim B, a workplace partner, by phoneing to the victim B, who is a shop rent, and saying, “I will sell the house on a deposit basis with the deposit money of KRW 20 million and make a full payment until December 15, 201.”
However, the Defendant borrowed approximately KRW 100 million at the time, and the Defendant was in the state of repayment of other claims with the loan or putting property into a sports soil. In fact, some of the money actually received from the injured party was considered to be used to repay his/her obligations or to gambling sports discussions, and thus, there was no intention or ability to repay the said money by the deadline.
Nevertheless, the Defendant 20 million won was remitted from the damaged person’s account under his/her name by making such false statement.
B. On November 8, 2016, the Defendant would lend money to D companies located in Ulsan-gun C with the victim only if he/she intends to receive payment of KRW 20 million from the victim again if he/she borrowed KRW 3 million.
“.....”
However, the defendant did not have any intention or ability to repay as described in the above A. A.
Nevertheless, the Defendant was transferred KRW 3 million from the victim’s account in his/her name due to such falsity.
2. Fraud against victim G;
A. On October 30, 2015, the Defendant calls from the victim G, who is a workplace club, at around 30 October 2015, to “the rent is required, and the down payment is fested.”
In this chapter, it is difficult to pay money to the contrary.
He/she shall lend 5 million won to another person on a monthly basis.
“.....”
However, the Defendant did not have any intent or ability to pay the said money even if he received the said money, as stated in the above 1.1. The Defendant had been in excess of his excessive debt, and was thought to do gambling with the money received from the injured party.
Nevertheless, the defendant deceivings the victim as above and 5 million won to his account in his name.