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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On September 27, 2012, the criminal defendant against the victim C made a false statement to the victim C, stating, “The external third village is expected to operate Lestop in the United Kingdom after the departure from the United Kingdom, with the experience of Ambassadors in the United Kingdom, he/she will be employed in that place, and will lend a visa issuance fee to the victim C.”
However, the defendant did not have the intention or ability to open and operate Lestop in the UK and did not have any funds to open and operate Lestop, so even if he received money from the injured party, he did not have the intention or ability to use it for the issuance of the visa.
As such, the Defendant, by deceiving the victim as such, received remittance of KRW 5,250,00 from the victim, from May 29, 2012 to March 6, 2015, and by deceiving the victim over 53 times (excluding No. 34 No. 54), from around May 29, 2012 to around March 6, 2015, received KRW 43,815,00 from the victim, and received delivery of KRW 43,815,00 from the victim, by deceiving the victim as set forth in No. 34 in Table 1 of the List of Crimes in the attached Table 1, thereby having the victim obtain a loan of KRW 14,30,00 from the Hyundai Capital for the purpose of purchasing the vehicle.
Accordingly, the defendant, by deceiving the victim, received property or acquired pecuniary benefits equivalent to 61,115,00 won in total.
2. On February 2015, the Defendant made a false statement to the victim D, who is the mother of the said C, “The Defendant borrowed money to the victim D, as he/she opened to the pressure-driven zone where he/she works as a manager, such as the cost of purchasing food materials, the cost of purchasing collecting money, and the monthly wage of employees, as he/she opened to the pressure-driven zone where he/she works as a manager.”
However, in fact, the defendant did not have opened his business in Seocho-gu Seoul Metropolitan Government Devis-dong, and did not have any fact that he had the victim work as a manager.
As such, the Defendant, including by deceiving the victim and receiving 500,000 won from the victim, was remitted.