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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Around January 5, 2016, the Defendant made a false statement to the effect that, at the victim C’s house located in Ulsan-gun, Ulsan-gun, U.S., Ulsan-gun, the Defendant would pay the said land in cash and would give the said land share if he/she changed the said land share if he/she paid the money in cash and changed the said land share if he/she changed the said land share to the money. The Defendant would make a false statement to the effect that, “I will make the said land share in cash or the said land share in accordance with the wishes of the Party.”
However, at the time of fact, the right to collateral security equivalent to KRW 80 million was established, and there was no particular exchange value, and the defendant did not have any other property or income, so there was no intention or ability to repay the said land even if he borrowed money from the victim.
Around January 5, 2016, the Defendant, by deceiving the victim as above, received KRW 20 million from the victim to the Agricultural Cooperative Account under the name of the Defendant, under the name of the Defendant.
2. On December 26, 2017, the fraud Defendant made a false statement to the victim C by telephone at a non-permanent place around December 26, 2017, stating that “The Defendant borrowed KRW 300,000 won.”
However, at the time of fact, the defendant did not have any specific property or income, so even if he borrowed money from the victim, there was no intention or ability to pay it.
The Defendant, by deceiving the victim as above, received KRW 300,00 from the victim to the Agricultural Cooperative Account under the name of the Defendant on the same day.
3. Around January 31, 2018, the fraud Defendant made a false statement to the victim C by telephone at a non-furned place on January 31, 2018, stating that “(i) 1.50,000 won was lent to 150,000 won.”
However, at the time of fact, the defendant did not have any special property or income, and therefore money from the victim.