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A defendant shall be punished by imprisonment for not less than five months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On July 14, 2017, the Defendant ought to pay the victim B with the money that he/she would have incurred to another person before Samdong-dong-dong-dong-dong-dong-dong-si.
The phrase “to lend money from the lending of money” was false.
However, in fact, the Defendant had a large amount of personal debt, and there was no intention or ability to repay the debt even if he/she borrowed money from the injured party without any particular property.
As such, the Defendant, by deceiving the victim, received KRW 343,00 from the victim to the account in the name of C for the same day from the victim, and received KRW 11,974,00 from around that time to December 18, 2017 a total of 16 times as indicated in the List of Crimes Nos. 1 to 7, 9 through 16, and 18.
2. On November 7, 2017, the Defendant filed a complaint with the victim “A, who borrowed money from another person and did not pay it to another person.”
If the mobile phone is opened through the opening of the mobile phone, it is intended to purchase the mobile merchandise coupon and use it in the repayment of the debt.
The purchase price of mobile phone devices, telecommunication fees, and mobile merchandise coupons was falsely called “the mobile phone to be paid at home”.
However, the defendant had no intention or ability to pay the price properly even if he/she purchased mobile merchandise coupons by opening the mobile phone from the damaged person.
As such, the Defendant: (a) by deceiving the victim; (b) purchased mobile merchandise coupons in total from the victim on the same day; and (c) acquired pecuniary benefits equivalent to KRW 1,574,099 in total; and (d) acquired pecuniary benefits equivalent to KRW 4,835,829 in total on three occasions from around that time to December 18, 2017 as indicated in the List of Crimes Nos. 8,17, and 19.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against B;
1. The National Bank, the Bank of Korea, and the details of transactions with new banks, mobile phones.