The punishment of the accused shall be four months by imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant worked as the head of a ship in the Nam-gu Seoul Special Metropolitan City Development Bank Co., Ltd., and the victim D worked as a dump truck article from the above company.

1. Fraud;

A. On June 8, 2018, the Defendant made a false statement to the effect that “The Defendant is supplied with oil on credit before doing dump truck article,” by telephone, at a place where the location cannot be known on or around June 8, 2018, to the effect that “the Defendant requires KRW 3.5 million to do so.”

However, in fact, dump truck article was not required in the process of being supplied with oil, and the defendant was intended to receive money from the victim to pay the oil price for his own credit.

Nevertheless, the Defendant, by deceiving the victim as above, received 3.5 million won in the name of the deposit from the victim to the E account (F) in the name of the Defendant on the same day.

Accordingly, the defendant was given property by deceiving the victim.

B. Around June 21, 2018, the Defendant made a false statement to the effect that “The head of the G Team, who is the head of another company’s ship, shall be paid the amount of money” to the victim at the office of the said office of the Dispute Resolution Co., Ltd., “on June 21, 2018, the Defendant would pay the money until June 30, 2018 if he/she lends money.”

However, as above, the Defendant received money from the victim and intended to use it for the payment of his own cargo, and did not have any intent or ability to repay the borrowed money on the date of promise with the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received 4 million won from the victim to the above E account under the name of the Defendant on the same day.

Accordingly, the defendant was given property by deceiving the victim.

C. On June 25, 2018, the Defendant could not receive provisional payment by leaving Korea from the office of the above corporate finance division at around June 25, 2018.