A defendant shall be punished by imprisonment for not more than ten 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

1. 피해자 B에 대한 사기 피고인은 2017. 6. 29.경 칠곡군 C에 있는 D 사무실에서, 피해자 B에게 전화로 ‘사고가 생겨서 처리가 급하니 여윳돈을 빌려주면 3개월 후에 갚겠다. 2,000만원을 빌려달라’고 거짓말하였다.

However, it was difficult for the Defendant to operate the business at the time. In addition to the Defendant’s burden of debt equivalent to KRW 18 million against the customer, the Defendant had been in arrears with loans to various financial institutions, such as card payments and banks and loan companies. Therefore, even if the Defendant borrowed KRW 20 million from the victim, it was merely an intention to use it for the repayment of other comparable debt, and there was no intention or ability to pay KRW 20 million to the victim within three months.

Nevertheless, the defendant deceivings the victim as above and acquired 20 million won from the victim to the Agricultural Cooperative (E) account in the name of the defendant on the same day.

2. Around July 27, 2017, the criminal defendant against the victim F made a false statement to the victim F by telephone at the same place as Paragraph (1) of this Article, stating that “If he/she lends money to the victim F by five million won, he/she would have repaid the money up to August 10, 2017.”

However, it was difficult for the Defendant to operate the business at the time. The Defendant was in arrears with loans to various financial institutions, such as card payments and banks and loan companies, and was in default of payment of KRW 20 million. Therefore, even if the Defendant borrowed KRW 5 million from the victim, it was merely an intent to use it for repayment of other higher-level debt, and there was no intention or ability to pay KRW 5 million to the victim within one month.

Nevertheless, the defendant deceivings the victim as above and received five million won from the victim to the Agricultural Cooperative (E) account in the name of the defendant on the same day.

3. The criminal defendant against the victim G is the victim at the same place as paragraph (1) around October 30, 2017.