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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On October 5, 2015, the Defendant committed the crime against the victim C: (a) around 5, 2015, the E apartment 1 unit 507, in which the Defendant living in Yasan-si D, resides, and (b) the Victim C is to lend KRW 50,000,000 per month to the victim who borrowed the hospital expenses to undergo brain surgery after having his father performed his/her work.
“A false statement” was made.
However, in fact, the defendant received money from the injured party and used it for credit card payments, debt repayment, etc. at that time the father of the defendant did not have been involved in the accident, and even if he borrowed money from the injured party with a debt of 60 million won or more without any particular property, he did not have any intention or ability to repay it.
Nevertheless, the Defendant, as above, received a total of KRW 2,685,00 from November 26, 2014 to December 7, 2015, including the receipt of KRW 4,755,00 from a post office bank account (Account Number: F) account under the name of the Defendant on the same day from the person who deceivings the victim, and received transfer of KRW 4,750,000 from the victim.
2. On October 12, 2015, the Defendant who committed the crime against the victim G calls to the victim G at an influent place on a around October 12, 2015, and loans KRW 500,000 to the victim G to undergo brain surgery after having his father performed his/her work, with his/her father borrowed KRW 2.5 million per month, and will be repaid with his/her father’s insurance premium, etc.
“A false statement” was made.
However, in fact, the defendant received money from the injured party and used it for credit card payments, debt repayment, etc. at that time the father of the defendant did not have been involved in the accident, and even if he borrowed money from the injured party with a debt of 60 million won or more without any particular property, he did not have any intention or ability to repay it.
Nevertheless, the defendant deceivings the victim as above and receives 4.75 million won from the post bank account (Account Number:F) in the name of the defendant on the same day from the victim.