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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who has engaged in food materials distribution business with the trade name "C" in the office located in the Geum-gu Busan Metropolitan Government B.
1. Fraud against victim D;
A. On June 5, 2019, the Defendant stated that “Aponing the president and the president of the customer who received the things, the Defendant shall promptly dispose of the things in his/her factory, which he/she received from the head of the clients,” and that “Aponing the money would help the customer’s president to provide a large number of personal information, and the money would be paid as soon as possible, if the money would have been lent KRW 5 million.”
However, in fact, there is no money to purchase goods from another customer's factory, and the office rent has been sealed for up to five months, 30 million won, 24 million won or more, and there was no intention or ability to fully repay even if it was borrowed money from the victim because it was the enemy.
On June 7, 2019, the Defendant, by deceiving the victim as such, received KRW 5 million from the victim to the F account under the name of the Defendant on the pretext of borrowing money.
B. On August 3, 2019, the Defendant concluded at the same place that “Around August 3, 2019, the Defendant provided that “I would have to pay back the time when I would have to pay the extended amount when I would like to have the previous president of the Customer. I would like to have the Defendant paid the extended amount to KRW 5 million.”
However, there was such economic situation, and there was no intention or ability to fully repay even if the victim borrowed additional money due to the lack of the time limit for withdrawal from February 2020.
The Defendant, by deceiving the victim, received KRW 5 million from the victim’s account in the name of the Defendant on August 5, 2019.
2. The criminal defendant against the victim G calls the victim around August 6, 2019 to the victim for an amount of KRW 600,000.