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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
"200 Highest 269"
1. On August 201, 201, the Defendant made a false statement to the victim B, stating, “If receiving money, 1% of the monthly profits may be earned by purchasing insurance products dealt with by her natives.”
However, the defendant's friendship did not deal with the above insurance products, and the defendant did not use it to purchase the insurance products promised even if he received money from the victim and used it to pay his personal debts.
The Defendant, by deceiving the victim as such, received from the victim a total of KRW 40 million, including KRW 20 million around August 25, 201, KRW 10 million around December 25, 201, and KRW 10 million around May 8, 201, and KRW 10 million around May 8, 2012.
2. On February 7, 2015, the Defendant made a false statement to the victim B that “on the other hand, the Defendant would return 4 million won as it is urgently required.”
However, even if the defendant borrowed money from the victim, it was thought that it will be used to repay the debt other than the transaction partner's price, and there was no intention or ability to repay the borrowed money due to a large amount of debt.
Around February 7, 2015, the Defendant, by deceiving the victim, received KRW 4 million from the victim, via a bank account (F) in the name of the Defendant.
3. On December 23, 2015, the Defendant made a false statement to the victim B that “on the basis of paying the transaction price, the money would be frighted. If the Defendant borrowed KRW 1 million as it is urgently required, the Defendant would return it immediately.”
However, even if the defendant borrowed money from the victim, it was thought that it will be used to repay the debt other than the transaction partner's price, and there was no intention or ability to repay the borrowed money due to a large amount of debt.
Around December 23, 2015, the Defendant deceivings the victim as such, and then up to one million won via a bank account under the name of the Defendant (F) from the victim.