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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
(e).
Reasons
Punishment of the crime
1. On April 2, 2019, the Defendant made a false statement to the effect that “The Defendant would deliver money to C when he/she transfers money to himself/herself, because he/she would have borrowed money to the victim C, who is the mother of the Defendant, by phoneing the victim B to the victim B.”
However, in fact, the Defendant did not pay the money from the person who suffered from ordinary damages in time and did not lend the money to the victim under the name of the Defendant, and did not receive the request from the victim from the actual C to lend the money to the victim. Moreover, even if the Defendant intended to use the money from the victim for personal purposes, such as repayment of the Defendant’s obligation, he did not intend to deliver the money to C as a loan.
The defendant deceivings the victim as above and transferred 1.5 million won to the corporate bank account (D) in the name of the defendant on the same day from the victim.
2. On August 13, 2019, around August 13, 2019, the defrauded made a false statement to the effect that “If the Defendant leased KRW 10,000,000,000,000,000,000,000,000 to bring a lawsuit related to the delivery of a child to the victim, he/she would receive money from his/her friendship on December 2019.”
However, in fact, the Defendant was thought to use the money that the Defendant would have received from the injured party for personal debt repayment, not for litigation expenses, and the Defendant was in excess of the Defendant’s liability for the loan to the lending company without any particular property at the time, and the fact that there was money that he would have received from his relative around December 2019 is merely the Defendant’s vague trend. Thus, even if he borrowed money from the injured party, there was no intention or ability to repay the money until the time of promise.
As above, the Defendant was transferred KRW 10 million to the account as described in paragraph (1) on the same day by deceiving the victim.
3. On September 20, 2019, the accused of fraud is the place described in paragraph (1) around September 20, 2019.