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1. The defendant shall be punished by imprisonment for six months;
2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who works in a golf club with trade business objectives.
On June 2016, the Defendant proposed that the victim D (the 26-year-old age-old) who was in the course of teaching (hereinafter referred to as "the 26-year-old") will run a business local to Australia at the company's business partner.
It is expected to go to Australia in the 8 to September.
Many parts of Australia, such as a house and a motor vehicle, may be supported by the company, and the dispatched benefits may also be paid at least seven million won a month.
In doing so, to be issued with the visa employed in Australia, there is a need to prove the balance of 30 million won in the passbook, and to return the money upon receiving the visa from the person who borrowed money after one month after lending the money for this purpose.
“.........”
However, at the time of fact, while the Defendant’s personal debt amounting to KRW 180 million, the Defendant did not have any property and did not have any property to be dispatched to Australia with no payment of monthly salary, and thus, the Defendant did not need to apply for the visa of Australia, and even if he borrowed money from the victim D, he did not have any intention or ability to pay the said money in time, it was false.
On July 5, 2016, the Defendant, by deceiving the victim as such, received 30 million won from the Busan Bank account (Account Number E) in the name of the Defendant from the victim, and acquired it by deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes on the statement protocol to D;
1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;
1. Article 62(1) of the Criminal Act on the stay of execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act on the grounds that a defendant's crime is not light, but deposit KRW 6 million with the defendant, the defendant has no previous conviction, and
1. The community service order under Article 62-2 of the Criminal Act;