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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
"2015 Highest 680"
1. Around October 24, 2011, the Defendant stated that “A victim C shall have a lot of physical damage and shall have a right to attend school without any choice but rather have to have a right to attend school due to his/her assault case,” at the same time on the street in Gangdong-gu Seoul Metropolitan Government, Gangdong-gu, the Defendant made a false statement to the victim C as he/she would continue to have a full payment of the Defendant’s damage with the victim if he/she had a right to attend school.”
However, in fact, the defendant used only part of the money received from the victim in paying his liability, and the remainder was thought to be used by the defendant to seek three deposits in other areas, and the defendant did not think that he continued to meet with the victim or to return the money received from the victim. Rather, the defendant was thought to escape by receiving only money from the victim.
Around October 24, 2011, the Defendant, by deceiving the victim as such, received KRW 17 million from the victim to the account in the name of the Defendant and acquired it by defrauded.
2. Around January 6, 2012, the Defendant made a false statement to the victim in the Fnoura Bank operated by the victim E in Gwangju-si, Gwangju-si, stating that “I will lend 3.5 million won to the victim with a loan.”
However, even if the defendant receives the advance payment from the victim, he did work at the victim's place of operation, or did not have the intent or ability to pay the advance payment to the victim.
Around January 6, 2012, the Defendant, by deceiving the victim as such, received 3.5 million won from the victim to the account in the name of the Defendant and acquired it by fraud.
3. Around February 7, 2012, the Defendant made a false statement to the victim at the I entertainment tavern operated by the victim H in Echeon-si, Echeon-si, stating that “I will lend 3.5 million won to the victim with money.”
However, even if the defendant receives the advance payment from the victim, he/she shall perform the work at the place operated by the victim, or the victim.