beta
Text
A defendant shall be punished by imprisonment for not more than ten 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
The defendant is a person who has worked for the head of the office at D Co., Ltd., a planning real estate company located in 1201 in Yeongdeungpo-gu Seoul Metropolitan Government C Building.
1. On March 11, 2013, the Defendant stated, “Around March 11, 2013, the victim E, who is a business employee, that “A company sells the land located in Chungcheongnam-do. If the company lends money to the company, the company may pay money immediately from the company.”
However, at the time of fact, since the company's operating funds should also be used as a mother and child, the company was aware of the circumstances in which it is not able to repay the money with the loan, and even if it borrowed money from the victim, it was planned to use part of the money as an individual debt repayment, etc., and there was no other asset that the defendant is able to use for the repayment of the above loan, and there was no intention or ability to repay the above loan in time.
As such, the Defendant, by deceiving the victim on March 11, 2013, obtained KRW 40 million on March 11, 2013, KRW 5 million on March 12, 2013, KRW 10 million on March 22, 2013, KRW 10 million on March 22, 2013, KRW 10 million on March 25, 2013, and KRW 5 million on March 26, 2013, by transfer to the Japanese bank account under the name of each of the Defendant.
2. On April 23, 2013, the Defendant continued to read the victim’s false statement to the effect that “F’s husband of F Company F, who had had a general duty, is in a supply place, and the amount to be settled falls short of 3-4 days, to lend money to the victim.”
However, even if the defendant received money from the victim, he was thought to use it for the repayment of personal debt.
As such, the Defendant, by deceiving the victim, received KRW 4 million on the same day from the victim, and KRW 2 million on May 20, 2013 from the victim to the account under the name of the above Defendant, and acquired KRW 6 million in total.
Summary of Evidence
1. The defendant;