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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. On December 25, 2015, the Defendant told the victim B of the horse race track located in 107 located in the 107 SimMa Park Park, as the Sim-si Park around 25, 2015, that “The Defendant: (a) found money in which the security card was lost; (b) received a re-issuance of the security card if the bank’s door is opened, and paid off KRW 1.5 million.”
However, even if the defendant borrowed the above money from the injured party, he did not have any intention or ability to pay 1.5 million won.
Accordingly, the Defendant, by deceiving the victim, received KRW 1.2 million from the victim, to the new bank account (C) of the Defendant at his seat, and received KRW 3 million from the victim in cash.
2. On December 29, 2015, the Defendant lent 1.5 million won to the above victim by text message, and “on the face of 1.5 million won as he/she was urgently used.”
1. 4. The bank stated that it will make reimbursement at the bank.
However, even if the defendant borrowed the above money from the injured party, he did not have any intention or ability to pay 1.5 million won.
Accordingly, the Defendant was given 1.5 million won by deceiving the victim as above.
3. On January 3, 2016, the Defendant stated that “If the Defendant borrowed only one million won as her husband was married because her husband returned to his/her mother and her husband was married, the Defendant would open a bank door on January 4, 2016 and repay all up to this.”
However, the facts did not have any confidence of the defendant, and there was no intention or ability to repay even if the defendant borrowed the above money.
Accordingly, the Defendant, by deceiving the victim as such, was transferred one million won from the victim, to the new bank account (C) of the Defendant.
4. On January 9, 2016, where the Defendant lent the victim’s text message in a place where it is not possible to see the victim’s right to 3:00 on January 9, 2016 to 3:0,000 won.
1. 12. The phrase “I will make full repayment.”
However, the defendant borrows money to the victim until the date of promise.