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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2016 Highest 733]
1. Around July 8, 2013, the Defendant against the victim C made a false statement to the victim at the fourth floor E office of D Building D, Seoul, that “I would sell the land after the transfer of the victim’s name, if I lent the purchase cost of the F land owned by the Defendant to the victim.”
However, in fact, the Defendant had no intention or ability to transfer the name of the land and make repayment even if he received money from the injured party, because the Defendant was thought that he would receive money from the injured party and consume it with credit card payment.
The Defendant, by deceiving the victim, was paid KRW 10 million from the victim under the pretext of the same day borrowed from the same day.
2. On February 27, 2014, the Defendant made a false statement to the victim G, stating that “When the Defendant received KRW 10,000,000 from the victim’s I office located in He/she had no cost to transfer the name of the F land he/she owns, 30,000 won per month as the interest on the loan, and the money between the loan will be repaid after transferring the name of the land.”
However, in fact, the Defendant had no intention or ability to transfer the name of the land and make repayment even if he received money from the injured party, because the Defendant was thought that he would receive money from the injured party and consume it with credit card payment.
The Defendant, by deceiving the victim, was paid KRW 10 million from the victim under the pretext of the same day borrowed from the same day.
[2016 Highest 2419] On October 2013, the Defendant stated that “The Defendant would sell the F land immediately when he/she sold the land to the Victim L at the K coffee shop located in the J at the time of the south of the Republic of Korea.”
However, the defendant did not have any particular property or profit at the time, and there was a debt of 20 million won for the overdue card payment and 140 million won for the branch.