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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On February 2015, the Defendant called the victim B by phoneing to the victim B, and concluded that “The mother is a ambane and her father is bound to be in violation of the Election Act, and thus, if 8 million won is loaned money to the necessary expenses at the expense of medical expenses and attorney-at-law, he/she would complete payment up to April 20, 2015.”
However, in fact, the Defendant was thought to use money for online sports discussions by lending money from the injured party. At that time, the mother of the Defendant was under cancer treatment or was detained due to the charge of violating the Election Act, and even if the Defendant borrowed money from the injured party due to no particular property or income, there was no intention or ability to change it.
As above, the Defendant: (a) by deceiving the victim on March 23, 2015; (b) received transfer of KRW 2 million from the new bank account under the name of the Defendant to the new bank account on March 23, 2015; and (c) received the money totaling KRW 29,50,000,000 from August 18, 2015, from that time on 13 occasions, such as the previous list of crimes (1).
2. On May 12, 2015, the Defendant phoneed the victim C with a false statement that “A father is bound to be in violation of the Election Act, and his/her father is bound to be in violation of the Election Act, and thus, he/she would be paid off with the required amount of KRW 3 million at his/her attorney’s expense.”
However, in fact, the defendant was thought to use money for online sports discussions from the damaged party. At that time the father of the defendant was detained due to the charge of violating the Election Act, and even if the defendant borrowed money from the damaged party due to no particular property or income, there was no intention or ability to change it.
As above, the Defendant: (a) by deceiving the victim; (b) received 3 million won from the victim on May 12, 2015 via a new bank account under the name of the Defendant) from the victim; and (c) thereafter, from that time, he received 3 million won from the victim on July 9, 2015, 14 times in total, as shown in the List of Crimes (2).