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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, 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
1. Around October 19, 2016, the Defendant made a false statement to the effect that “C” in the “C” ran tavern located in Pyeongtaek-gun, Gangwon-gu, Gangwon-do, was to have the victim D, and that “I would pay the money immediately if you lend the money.”
However, in fact, the Defendant had a debt of 7 million won or more without any special income or property, and there was a shortage of living expenses, so even if he borrowed money from the victim, he did not have the ability to repay it.
Nevertheless, the Defendant, by deceiving the victim as above, acquired 5 million won from the victim to the NongHyup Bank account under the name of the Defendant on the same day.
2. Around November 25, 2016, around November 25, 2016, the Defendant made a false statement to the effect that “The Defendant shall have a payment to another person, and if he/she has a payment to another person, he/she shall have a payment of the money, and shall have a payment of the money later.”
However, in fact, the Defendant had a debt of 7 million won or more without any special income or property, and the card payment was overdue, and since it was in short of living expenses, there was no ability to repay it even if the Defendant borrowed money from the victim.
Nevertheless, the Defendant, by deceiving the victim as above, acquired 5 million won from the victim to the NongHyup Bank account under the name of the Defendant on the same day.
3. Around October 31, 2017, the Defendant made a false statement to the effect that “Around October 31, 2017, the Defendant borrowed money from the Defendant to the other party,” and that “Around October 31, 2017, the Defendant borrowed money from the other party.”
However, in fact, the Defendant had a debt of 10 million won or more without any special income or property, and the credit rating was 5th grade, and the Defendant was able to pay his personal debt with the fraternity, and there was no idea of repayment to the victim. Therefore, even if he borrowed money from the victim, there was no intention or ability to pay it.
Nevertheless, the defendant deceivings the victim as above.