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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.
Reasons
Punishment of the crime
1. Around March 2018, the Defendant made a false statement to the victim C, who was a business employee, at the time of the Defendant’s work as the head of the business team at the time of March 2018, stating that “The Defendant shall pay the card amount. It is necessary to pay the card amount. It shall be repaid immediately.”
However, the Defendant did not notify the victim of the fact even though he had already been an individual rehabilitation in excess of the debt amounting to approximately KRW 130,000,000 in total at the time of lending companies, and there was no intention or ability to repay the debt even if he borrowed money from the victim.
The Defendant, from the victim on March 2, 2018, acquired 70,000 won from the victim, 4.51 million won around March 7, 2018, and 3 million won around June 12, 2018, from the Defendant’s account in the name of the Defendant.
2. Around August 2018, the Defendant concluded that, at the time of August 2018, the Defendant would lend KRW 10 million to the said victim C, who was a business employee, at the time of the Defendant’s work as the head of the business team, that the Defendant would pay KRW 20 million by adding KRW 10 million to KRW 10 million prior to the maturity of installment savings.
However, the defendant did not have the intent or ability to pay the money even if he borrowed money from the victim because of the situation described in the above 1.1.
The Defendant, on August 9, 2018, remitted the sum of KRW 2 million from the victim, KRW 6.3 million from August 16, 2018, KRW 6.3 million from August 16, 2018, and KRW 7 million from August 29, 2018 to the account in the name of the Defendant.
3. Around January 2019, the defrauded made a false statement to the said victim C at the place indicated in the foregoing paragraph 2. Around January 2019, the Defendant: (a) stating that “A person shall pay the card price plus KRW 10 million,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00
However, the defendant did not pay money from the victim because of the circumstances described in the above 1.1.