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A defendant shall be punished by imprisonment for four 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. Around February 19, 2012, the Defendant stated that “A” restaurant located in Scheon-si C shall receive child support from the divorced wife or shall pay money for construction work at the construction site, if he/she lends money to the victim E (or 55 years of age).”
However, the Defendant had already received money as agreed money from the former husband F of the former wife in around 2002, and had agreed not to make any more monetary claim between F and F around February 2012, the Defendant was not able to receive any new child support. Since the Defendant was under the so-called so-called “foreign” construction without any investment in money at the mid-gu construction site due to the lack of living expenses in the former husband, the Defendant did not have any intent or ability to pay the money to the victim even if he borrowed money from the latter.
Around February 19, 2012, the Defendant, by deceiving the victim as above, received 30,000 won from the victim to the Defendant’s post office account under the name of living expenses, and received 9,049,000 won in total from February 25, 2013 to the Defendant’s post office account or the Agricultural Cooperative account in the attached Table (crime List) and acquired pecuniary benefits equivalent to the same amount by transferring 9,049,000 won in total from February 25, 2013.
2. On February 25, 2012, the Defendant stated that “A” restaurant located in Scheon-si C refers to “A” victim E (n, 55 years of age) shall receive the cost of meals from the divorced front wife or the cost of construction at the construction site.”
However, in fact, the defendant did not have the intent or ability to pay for food as above.
As above, the Defendant deceivings the victim, and caused the victim to do so, KRW 54,00 around February 2, 2012, KRW 494,00 around March 2012, KRW 387,000 around April 2012, KRW 402,00 around May 2012, and KRW 381,00 around June 2012.