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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, 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
The Defendant is a person who has been in a relationship with the victim B from June 2018 to January 2019.
The defendant, as a person of bad credit standing without certain income, bears the obligation of several million won to the beneficiary, and even if he borrows money from the victim, he did not have the ability to repay it.
Nevertheless, the Defendant:
1. On the early September 3, 2018, the Defendant’s phone called to the victim that “a loan fraud is necessary to reach an agreement. If the agreement is not paid, the Defendant may be sentenced to imprisonment if he/she commits a mistake during the current suspended execution period, but there is no money.” This is a false statement to the victim that he/she would complete payment by the end of November, 2018, and then he/she received 3.3 million won from the Defendant’s external aid bank account (E) with the Defendant’s external aid bank account (E) that the Defendant used.
2. On November 27, 2018, the victim made a false statement by phone calls to the victim that “I will repay 500,000 won if I will lend 500,000 won again because the amount agreed upon is insufficient” and then, the victim received 50,000 won from the D bank account on the same day as the loan money and acquired it by deceit.
3. On December 10, 2018, the victim made a false statement to the effect that “monthly taxes, public charges, and living expenses are required. To lend money, KRW 30,000 per day, if you lend money to the victim, the victim shall be paid KRW 30,000 per day, and then he/she shall receive KRW 199,00,000 from the victim to the DNA bank account as the loan money and shall obtain the money from the victim.”
4. On December 31, 2018, at the victim’s house located in Seocho-gu Seoul Metropolitan Government F, the victim made a false statement that “a loan of KRW 3 million toG is granted to the victim, and the loan of KRW 4 is different from that of the loan.” In this case, the victim received KRW 2.5 million on the same day and received KRW 5 million on January 1, 2019 from the victim’s account to the D bank account, and acquired it by fraud.
Summary of Evidence
1. The defendant;