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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
Around September 25, 2012, the Defendant called “2015 J. 23” by phone to the victim C, who is a branch of Busan Central District, and was transferred from the victim to the bank account in the name of D, which is the Defendant’s child on the same day, for the purpose of borrowing KRW 300,000,000 from the victim.
However, the Defendant did not have operated the waste business as a member of the food waste disposal machine. At that time, even if he borrowed money from the victim with no particular property or income excess, the Defendant did not have the intent and ability to repay the money.
Accordingly, the Defendant, including by deceiving the victim as above and receiving KRW 300,000 from the victim, received a total of KRW 1,491,00 from around that time to January 2, 2014 as shown in the annexed crime list.
『2015고단419』 피고인은 2013. 8. 21.경 고령의 피해자 E가 F에게 금전적인 피해를 입은 사실을 알고 부산 해운대구 G 113동 101호에 있는 피해자의 집으로 찾아가 피해자에게 ‘펜션을 할 예정인데, 펜션을 하게 되면 부모님처럼 모시겠다’고 말하고, 1,000만원을 빌렸다가 바로 갚아주는 등으로 피해자의 환심을 샀다.
1. At around 17:30 on September 3, 2013, the Defendant stated that, at the time of the above victim’s house, the fact was that the Defendant did not have any particular property or income, and was in a state of debt owed to financial institutions and bonds companies, and even if having received money from the victim, the Defendant did not have the intent or ability to pay the money to the bond company, and that the Defendant did not have the intent or ability to pay the money to the bond company’s debt, the Defendant stated that “I would have to pay the money soon if I would have to lend the money. I would have to pay the money immediately from the victim.”