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A defendant shall be punished by imprisonment for not less than eight 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
1. Fraud;
A. On June 26, 2019, the Defendant stated that “Around June 26, 2019, the Defendant would have raised the credit rating by raising the credit rating to an employee of the Technology Credit Guarantee Fund and demanded that the employee of the Korea Technology Credit Guarantee Fund pay KRW 250 million, so that he/she would demand that the employee of the Korea Technology Credit Guarantee Fund pay KRW 20 million.”
However, the Defendant did not know at all the person entitled to exercise influence from the Korea Technology Credit Guarantee Fund and did not have any intent or ability to receive a loan from the victim even if he received money from the victim because the Defendant thought that he would use the money received from the victim to repay his personal debt.
As above, the Defendant, by deceiving the victim as above, received 7 million won from the victim into the Daegu Bank Account under the name of the Defendant for the purpose of funds for expenses, from the victim, around June 26, 2019, and KRW 4 million around June 27, 2019, and KRW 2 million around June 28, 2019.
Accordingly, the defendant was given property by deceiving the victim.
B. On July 3, 2019, the Defendant, who committed the crime on July 3, 2019, knew that the victim B would lend KRW 30 million to C at a place not known to him/her on July 3, 2019, and concluded that “I would deliver KRW 30 million to C instead of internal ones,” to the victim.
However, since the defendant thought that he will use the above money to repay his personal debt, even if he received the money from the victim, he did not intend to deliver the money to C.
As above, the Defendant deceivings the victim and was transferred from the victim to the Daegu Bank Account in the name of the Defendant for delivery, namely, from the victim, to the Daegu Bank Account in the name of the Defendant.
Accordingly, the defendant was given property by deceiving the victim.
C. On July 4, 2019, the Defendant committed the crime on July 4, 2019 had to transfer KRW 1 million to the victim B at a place where it is not known around July 4, 2019.