beta
Text
A defendant shall be punished by imprisonment with prison labor for up to 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 30, 2017, the Defendant called the victim B, who was aware of the usual place, and made a false statement to the effect that “When the advertising contract is completed on the end of December 2017, 201, the Defendant is obliged to purchase one tourist bus and pay 45 million won to the Defendant, and there is insufficient amount to KRW 20 million. It is anticipated to enter into an advertising contract with a Aarro company. When advertising with the above tourist bus is advertised, the Defendant is entitled to not only the oil value from the above company but also the advertising fee of KRW 5 million per month. If the advertising contract is run with the above tourist bus, the Defendant would receive monthly advertising expenses to be paid KRW 20 million, and would pay KRW 1,200,000 as interest monthly, and at the end of December 2017, the Defendant would redeem the principal by disposing of the tourist bus even if it disposes of it.”
However, there was no new purchase of tourist buses and there was no obligation to repay them to the company, and there was no plan to conclude an advertising contract, and there was no profit from the advertising business.
In addition, since there is no specific property and there is a situation that is economically difficult because of the personal debt burden of KRW 20 million, there is no intention or ability to pay the agreed interest or the principal, even if the victim borrowed money only for personal purposes such as repayment of debts and living expenses.
Nevertheless, on June 1, 2017, the Defendant, by deceiving the victim as above, received KRW 20 million from the victim to the Cbank account in the name of the Defendant from the victim and acquired it through the remittance.
2. On January 12, 2018, the Defendant called to the victim on a closed-end basis, and sold a newly purchased tourist bus in order to repay the principal borrowed from the existing area. However, there is insufficient tourist bus repair cost.
If a tourist bus is leased to KRW 950,000,00,000 shall be repaired and sold with the payment of the existing debt KRW 20,000.