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A defendant shall be punished by imprisonment for six 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. On May 16, 2018, the Defendant committed fraud, which caused the victim C to the end of his/her horse around April 2018, with the false statement that “The Defendant would provide the victim C with KRW 2,720,00,00,00 including personnel expenses, etc. for the screening work of his/her daughters.”
However, in fact, the Defendant used most of the revenues at the time of using them as Internet gambling, etc., so even if he transferred the income from the victim to deliver it, he did not have the intent or ability to pay working expenses, etc. to the victim.
Nevertheless, the Defendant: (a) by deceiving the victim so as to let the victim take up, employed eight workers during up to two weeks from May 1, 2018 to May 16, 2018; (b) had the victim take care of his or her marriage; and (c) obtained a total of KRW 2720,000,000, including working expenses, in a way that he or she did not pay the victim a total of 2720,000,000.
2. On June 1, 2018, the Defendant committed the crime of fraud on June 1, 2018, made a false statement to the victim “a KRW 5 million is required to purchase vessels within a ceiling, and a refund is to be made within a week if the Defendant borrowed KRW 5 million in cash.”
However, in fact, the Defendant used most of the revenues at the time as Internet gambling, etc., so there was no intention or ability to repay them to the victim even if he borrowed money.
Nevertheless, the Defendant, by deceiving the victim as such, received 5 million won in cash from the victim as the borrowed money on the same day.
3. On June 2, 2018, the Defendant, on June 1, 2018, made a false statement to the effect that “If he/she purchased a ship produced in this orchard and transferred it to a third party, he/she will sell it to the third party and receive the proceeds therefrom,” in the orchard owned by D, which is located in the city of June 1, 2018.
However, the defendant uses most of the revenues at the time as Internet gambling, etc.