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A defendant shall be punished by imprisonment for not less than eight 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 December 8, 2013, the Defendant made a false statement to the effect that “The Defendant, within the vehicle of the victim C (Inn, 28 years of age), parked in the tear Park that is located in the Gangseo-gu, Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City”), “The Defendant would make a false statement to the effect that “The Defendant would have much profits from selling the vehicle, and would have much profits from selling it, from KRW 30 million to KRW 50 million to KRW 30 million to purchase the vehicle, and would have borrowed money.”
However, even if the defendant received money from the victim, it was thought that it will be used as gambling funds, personal debt repayment, living expenses, etc., and there was no intention to purchase and sell used vehicles, so there was no intention or ability to repay the borrowed money to the victim as stipulated in the above agreement.
Nevertheless, the Defendant, by deceiving the victim as above, received a total of KRW 30 million from the victim from December 10, 2013 to December 11, 201 of the same month as the borrowed money.
2. On January 2, 2014, the Defendant made a false statement to the effect that “The Defendant would lend money to the said victim after purchasing the NANAS vehicle,” by telephone at a place where the location is unknown.
However, even if the defendant received money from the victim, it was thought that it will be used as gambling funds, personal debt repayment, living expenses, etc., and there was no intention to purchase and sell used vehicles, so there was no intention or ability to repay the borrowed money to the victim as stipulated in the above agreement.
Nevertheless, the Defendant, as seen above, by deceiving the victim, received a total of KRW 20,50,000 from the victim from January 2, 2014 to September of the same month as the borrowed money.
3. On January 13, 2014, the Defendant made a false statement to the effect that “The Defendant borrowed money to a friendly Gu with a certain number of days, only two weeks, and lent money to a third party because he/she agreed to use it.”
However, the defendant money from the victim.