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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On February 18, 2012, the criminal defendant against the victim C made a false statement to the victim C’s house located in Chungcheongnam-dong, Chungcheongnam-dong, Chungcheongnam-dong, stating, “If the victim lends 20,000,000 won to the victim who is urgently required to pay the traffic accident, 60,000 won per month interest shall be paid, and if the victim lends 20,000 won to the victim, he/she will be repaid with the amount of the medical care that will be deprived of on June and July of the same year.”
However, the Defendant only intended to use the loan amount of KRW 20,000,000 for the repayment of the smuggling’s time deposit payment obligation and the obligation to repay the loan amount. On January 2012, the Plaintiff was unable to operate a new system because the guidance operated around February 2012 was terminated, and it was impossible to collect the loan amount on February 2012, and there was no intention or ability to pay the loan amount of KRW 50,000,000 in the absence of any property or income, except for the loan amount of KRW 0,000,000,000,000,000 won.
Ultimately, the Defendant, by deceiving the victim as above, received KRW 20 million from the victim to the Agricultural Cooperative Account in the name of the Defendant as the loan money on the same day.
2. On December 20, 2012, the Defendant against the victim E made a false statement that “A victim E is obliged to be punished by imprisonment with labor for not seeking KRW 20 million when having sent a traffic accident,” and that a victim’s loan is changed to KRW 10 million. If that is, the Defendant would pay 3% interest per month until July 30, 2013.”
However, the defendant does not need to pay KRW 20 million under the pretext of agreement because he/she has not caused a traffic accident by driving his/her vehicle, and he/she bears approximately KRW 50 million in a state without any property or income except for the claim of KRW 50 million, so even if he/she borrows the above money from the victim, he/she uses it as a traffic accident agreement.