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A defendant shall be punished by imprisonment for 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
At around 20:30 on June 20, 2019, the Defendant stated that “E located in Seocheon-si, Gangwon-do, Gangwon-do,” “B shall resolve the amount of KRW 3.3 million, which he borrowed from other entertainment bars before, and that “I will work for the victim B to pay the amount of KRW 3.3 million in advance, as the money needs to be paid in advance.”
However, the defendant did not have the intent to work as an employee at the victim's home, and even if he received a prepaid payment, he did not have any property or income and did not have the ability to pay it.
Nevertheless, the defendant deceivings the victim and received 3,300,000 won as a prepaid payment from the victim.
Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.
around 14:00 on August 21, 2019, Defendant and F made a false statement in a coffee shop where the trade name in the vicinity of Songpa-gu Seoul Metropolitan Government G cannot be known. In Gangwon-do’s Personnel System, “H” would be a job at a business establishment operated by the victim, if he/she resolves prepaid money in his/her trade name to the victim C who operates entertainment bars.”
However, in fact, the defendant and the F did not have the intent to work as an employee at the victim's shop, and even if he received the prepaid, he did not have any property or income and did not have the ability to repay it.
Nevertheless, the Defendant and F, by deceiving the victim as such, received the total amount of KRW 2.5 million from the victim, such as remittance of KRW 2.5 million to the Credit Union account (I) in the name of F around August 21, 2019, and KRW 3.5 million from around 16:28 of the same day.
Accordingly, the defendant acquired the property by deceiving the victim in collusion with F.
Summary of Evidence
"2019 Highest 893"
1. Statement of the police concerning B's legal statement;
1. Complaints, investigative reports (suspect A, F and monetary currency), and copies of bankbooks "20, 531";
1. The police's statement of the defendant C in court;
1. A complaint;