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A defendant shall be punished by imprisonment for not more than ten 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
1. Around November 7, 2011, the criminal defendant against the victim C made a false statement to the victim C that “The victim would deliver a 27,7700,000 won D CW car to the victim C at a used vehicle selling company located in the Dongdaemun-gu Seoul Metropolitan Government head office, Dongdaemun-gu.”
However, the defendant had no intention to deliver the above car to the victim at the time, and the delivery price for the vehicle actually received from the victim was used for futures investment, etc. on the following day, and the vehicle lastma was sold to the third party immediately.
The Defendant, by deceiving the victim as such, received KRW 27.7 million from the victim to the national bank account in the name of the Defendant for the delivery of the vehicle from the victim.
2. Around the time when the Defendant borrowed money from the victim E from the victim E, the Defendant was suffering from the futures investment, and the Defendant was under the situation where at least KRW 200 million was owed from the bank, etc. at the expense of futures investment, among apartment buildings with no specific property other than KRW 100 million.
On September 6, 2011, 201, 8 million won, defraudation Defendant made a false statement to the victim E by telephone that “If 8 million won is borrowed, 8 million won will be repaid by November 1, 2011.”
However, as seen earlier, the Defendant did not have any intent or ability to repay the borrowed money from the victim.
As such, the Defendant, by deceiving the victim, received 8 million won from the national bank account in the name of the Defendant to the national bank account in the name of the Defendant for the purpose of borrowing money from the victim.
B. On September 27, 2011, the Defendant defraudeded KRW 12,190,340 on September 27, 201, the false statement that “If the Defendant lends KRW 12,190,340 to the Defendant’s used cars trading office located in Seongdong-gu Seoul Metropolitan Government Fund, he/she would complete payment to the Victim E by November 1, 201.”
However, as seen earlier, the Defendant is the victim.