A defendant shall be punished by imprisonment for not more than ten 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.

Punishment of the crime

[2015 Highest 2258]

1. On December 6, 2013, the Defendant committed a crime on or around December 6, 2013, within the front convenience store of the F apartment of the former North Jeju-gun on or around December 6, 2013, “it is necessary to pay money to the victim G by winning the subscription for the apartment of the previous franchisive new town.

If only KRW 30 million is lent, it was false that he would receive money from her mother within 15 days.

However, the Defendant did not have won a prize in the subscription for an apartment with the effect of the preceding week and borrowed money to raise its investment funds. Since the sum of the deposit for an apartment house and the deposit for a fixed expense for dwelling and business did not have a certain amount of income other than KRW 85 million, the Defendant did not have any intent or ability to complete payment within the agreed period, even if he borrowed money from the injured party.

As such, the Defendant, by deceiving the victim, was transferred KRW 30 million to the account in the name of the Defendant (CF) under the name of the victim for the same day under the pretext of borrowing from the victim.

Accordingly, the defendant was given property by deceiving the victim.

2. On March 6, 2014, the Defendant: (a) around March 6, 2014, at the mobile phone sales store operated by the victim of the former North Korea-gun I, the Defendant borrowed money from the victim “on the mobile phone sales store operated by the victim of the former North Korea-gun; (b) he/she may have the victim repay the money borrowed to him/her; and (c) he/she will have to repay the money by July 10, 2014.

The phrase “ makes a false statement.”

However, the Defendant did not have any property or income except KRW 85 million, including all apartment rent deposit and deposit money, which are fixed expenses for residence and business, and even if he borrowed money from the damaged party due to the circumstances where it is difficult to do so due to the fact that the mobile phone sales business operated was not available, the Defendant did not have any intent or ability to complete payment within the agreed period.

As such, the Defendant, by deceiving the victim, received 21 million won on the same day from the damaged person under the pretext of borrowing money from the victim, and transferred it to the non-deposit account designated by the Defendant, and on the other hand, received.