beta
Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On September 10, 2014, the Defendant stated that “E is confined to Seoul Southern Detention House and requires a settlement amount of KRW 10 million. If the Defendant borrowed KRW 10 million, he/she is thought to receive an agreement from the complainant and will repay the money.”
However, in fact, the Defendant was unable to repay the credit card payment of KRW 1,691,00 to F incurred around March 27, 2014, and the C Bank loans of KRW 46,344,00 incurred around April 4, 2014 were registered as non-performance information around July 1, 2014, and the Defendant was unable to repay the credit card payment of KRW 8,543,00 to G incurred around June 25, 2014, and thus, there was no intention or ability to repay it even if the Defendant borrowed KRW 10 million from the victim.
As such, the Defendant, by deceiving the victim, obtained a cashier's checks of KRW 10 million from the victim, that is, by deceiving him/her.
2. On October 17, 2014, the Defendant called, “Around October 17, 2014, the Defendant called, “Around 15 million won, including KRW 10 million borrowed around September 10, 2014, the Defendant would pay KRW 30 million within a week.”
However, as described in the foregoing paragraph (1), the Defendant did not pay a total of KRW 56,578,00 and was registered in sequence as non-performance information due to default. Thus, even if the Defendant additionally borrowed KRW 15 million from the victim around October 17, 2014, the Defendant did not have any intent or ability to repay the sum of KRW 30 million including the principal of the borrowed amount as of September 10, 2014 and the interest of KRW 25 million until October 24, 2014.
Around October 17, 2014, the Defendant, by deceiving the victim as such, obtained a sum of KRW 15 million from the Hbank account (Account Number: I) in the name of the Defendant from the victim and acquired by defrauding the victim.
Summary of Evidence
1. Part of the defendant;