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A defendant shall be punished by imprisonment with prison labor for up to six months.
except that 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. Fraud;
A. On April 30, 2018, the Defendant made a false statement to the victim B by telephone, stating, “If a traffic accident lends money to the victim B as much as possible, he/she would receive industrial accident compensation.”
However, even if the defendant received industrial accident compensation, he had the intention to consume money for gambling or personal use, and he did not have the intention or ability to pay money to the victim.
The Defendant, as above, by deceiving the victim, received KRW 2 million from the victim via a bank account (E) in the name of C around May 1, 2018.
Accordingly, the defendant was given property by deceiving the victim.
B. On May 3, 2018, the Defendant made a false statement to the victim F by telephone, stating, “I will use only three million won a day on which I wish to lend to the victim F by telephone.”
However, the defendant did not have any particular income at the time, and the victim borrowed money was the intention to use it as gambling fund, so there was no intention or ability to repay it.
The Defendant, by deceiving the victim as above, received KRW 3 million from the victim to the post office account under the name of the Defendant on the same day.
Accordingly, the defendant was given property by deceiving the victim.
2. Around October 24, 2016, the Defendant: (a) purchased a H rocketing car at a middle-class trading business establishment located in Gwangju-gu; (b) agreed to pay KRW 597,272 each month for 48 months after obtaining a loan of KRW 21,50,000 from the victim I Co., Ltd.; and (c) decided to set up a mortgage on KRW 10,750,000 against the victim as security on October 25, 2016; and (d) thereafter, the Defendant acquired the said claim from the victim on October 16, 2018.
Nevertheless, the Defendant did not pay in full the installments of the loan and transferred the car as security by borrowing money from the needy person on April 2018.
Accordingly, the defendant is the object of the victim's right.