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A defendant shall be punished by imprisonment for six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On November 12, 2015, the Defendant, on November 12, 2015, made a false statement to the effect that “A victim D, who is an employee of the first time bank, is well aware of the head of the bank, and at the request of the head of the bank, the head of the bank will be responsible for the expenses to be borne by the head of the bank, and the cost to be borne by the head of the bank, on the basis of the victim’s introduction at the Daegu-gu B hotel coffee shop, Daegu-gu, 2015.”
However, in fact, the defendant did not have any intention or ability to promote the victim even if he received money from the victim because he was planning to use the money from the victim as his own business fund, and did not have any idea to use the money as the expense.
As such, the Defendant, by deceiving the victim, received money from the victim to the E bank account under the name of the Defendant on the same day, and acquired money of KRW 25 million.
2. On December 10, 2015, the Defendant, at a place not known to him/her around December 10, 2015, concluded that “If the Defendant borrowed KRW 20 million to the victim by telephone, he/she would give repayment after one month, and the previous KRW 25 million would have been used individually in advance as a business fund, and if he/she loans KRW 20 million at this time, he/she would recover the head of the bank and use it as a street loan.”
However, the defendant did not have any intention or ability to repay the debt to the victim within the due date even if he borrowed money from the victim because there was an individual debt equivalent to KRW 100 million at the time, but there was no economic difficulty, such as there was no particular income due to business depression, and there was no intention or ability to promote the victim because he was planning to use the above loan money as the business fund of the principal rather than the cost of street loan.
The Defendant, as such, deceiving the victim and deceiving him/her from the victim, on December 11, 2015.