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.

Punishment of the crime

Some of the charges were corrected.

On July 2018, the Defendant: (a) accessed the victim D who became aware of in-house C drinking house located in Sungnam-si, Sungnam-si; and (b) called “self-employed E Group F FF Chairperson; and (c) after having taken office by the G Chairperson, he was able to engage in both acts as a person with her own ability, such as the FF Chairperson H; and (d) the head of the Tong who was seized due to the suspicion of tax evasion. In one week, the Defendant stated to the effect that “The seizure would be unfolded, and thus, 60 million won will be lent.”

However, in fact, the Defendant did not have any special relation with E Group E related persons, such as the Chairperson of E Group F, and did not operate more than 200 employees, and even if the account was seized due to personal obligations equivalent to 380 million won, not to be suspected of tax evasion, the Defendant did not have any intent or ability to repay the money as promised even if he borrowed money from the victim.

그리하여 피고인은 이에 속은 피해자로부터 2018. 8. 14., 같은 달 23. 2회에 걸쳐 각 차용금 명목으로 3,000만원 등 합계 6,000만원을 I 명의의 국민은행 꼐좌로 이체받는 방법으로 교부받아 이를 편취하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to notify the fact that a transaction receipt (30 million won), details of transactions, and carto text messages are seized;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspended sentence is that the defendant transferred KRW 60 million from the victim to the account in the name of the victim from the passbook in the J on October 23, 2018, remitted KRW 30 million to the account in the name of the victim from August 25, 2018 to September 14, 2018, and transfers KRW 187 million from the passbook in the name of the victim from August 25, 2018 to the account in the name of the victim from September 25, 2018, and the suspended sentence of imprisonment due to robbery and injury in 207 exceeds a fine.