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A defendant shall be punished by imprisonment for one year.
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.
(e).
Reasons
Punishment of the crime
"2017 Highest 671"
1. On January 16, 2017, the Defendant against the victim D uses the bonds at the F cafeteria located in Seosan City E, and to the victim D who was aware of while working as the head of G office at the F cafeteria, Seosan City.
It is necessary for hospital expenses to pay KRW 5,000,000 to the hospital expenses rapidly.
“.......”
However, the Defendant had 40,000,000 won or more from Does, and had been living in the form of a "recovering" term for the repayment of the Doese loan with Doese money, so there was no intention or ability to repay the Doese money within one month even if Doese receive the Doese money from Doese.
The defendant deceivings the victim as above and received 5,000,000 won from the damaged person as the loan, i.e., he received from the injured person.
2. On February 17, 2017, the Defendant against the Victim H ought to set the Victim H, who came to know in the course of I’s introduction at a coffee shop located at the Seosan-si (hereinafter referred to as Seosan-si) around February 17, 2017, “I, one of the children, who is a astronomical disease, ought to periodically set I’mon system.
There is no hospital cost, and the obligees are threatened with intimidation too.
The loan will be made two months after the loan of money.
“.....”
However, the Defendant had 40,000,000 won or more from Does, and had been living in the form of a "recovering" term for the repayment of the Doese loan with Doese money, so there was no intention or ability to repay the Doese money within one month even if Doese receive the Doese money from Doese.
On February 17, 2017, the Defendant: (a) by deceiving the victim as above; (b) obtained KRW 2,640,000 from the Agricultural Cooperative Account (J) in the name of the Defendant; (c) KRW 6,300,000 from the same account around March 2, 2017; and (d) obtained KRW 2,615,000 from the same account around March 3, 2017; and (c) acquired KRW 11,55,000 in total on three occasions in total.
3. The victim;