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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 February 12, 2014, the Defendant made a false statement to the victim C by phone call to the effect that “The Defendant would make an investment in futures and options, to make an investment in return for a half of profits, and to compensate for the half of the damages even if the damages incurred.”
However, at that time, the Defendant did not notify the victim of the liability amounting to KRW 300 million due to the failure of investment in futures, etc., and the Defendant did not receive the investment money from the suspect due to the above debt, and invested in futures, etc., and did not have any intent or ability to compensate for the half of the loss. Of the investment money received from the victim, approximately KRW 14 million was intended to be used for personal purposes rather than investing in futures, etc.
Nevertheless, the Defendant, by deceiving the victim as above, received KRW 51 million from the victim’s new bank account under the name of the Defendant on the same day.
2. On June 12, 2014, the Defendant made a false statement to the effect that “The Defendant would immediately repay the amount immediately after borrowing KRW 3 million, because it is necessary to pay an urgent amount of money,” by phoneing to the victim at a place where the location is unknown.”
However, at that time, the Defendant had a debt equivalent to KRW 300 million, and the borrowed money from the victim was intended to use to pay the overdue credit card payment, and most of the invested money from the victim, such as the preceding paragraph, was in the state of damages. Therefore, even if borrowed money from the victim, there was no intention or ability to repay the borrowed money.
Nevertheless, the defendant deceivings the victim as above and transfers 3 million won from the victim to the new bank account under the name of the defendant on the same day.