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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The Defendant and the victim committed the crime against the victim E were related to the victim from August 2016 to March 2017.
A. On October 2016, the Defendant: (a) provided the Defendant’s false statement that “F 402, Leecheon-si, Leecheon-si, 2016, the Defendant lent money to the Defendant to the Defendant for the payment of the money in the situation that it is difficult for the Plaintiff to deliver the money to the Plaintiff as a matter of a house contract. The father of G would receive money from a business trip after a week.”
However, in fact, the Defendant did not have any particular property or income, and was able to repay or consume obligations to G with money, and thus, was unable to receive money from his father after one week. Therefore, even if he borrowed money from the damaged party, there was no intention or ability to repay the money.
Nevertheless, around October 6, 2016, the Defendant received KRW 1 million from the injured party’s account in the name of the Defendant from the third party (H) and withdrawn KRW 1 million in cash from the Agricultural Cooperative Account (I) linked to the said CF card.
On the 10th of the same month, the Defendant continued to receive KRW 800,000 from the injured party to the above CF bank account, and received the above CF card and then withdrawn KRW 100,000 in cash from the said CF account with the above CF card.
Accordingly, the defendant acquired a total of 3.8 million won from the injured party.
B. On the beginning of December 2016, the Defendant: (a) received from the victim at the place indicated in the above paragraph (a) above; (b) on the victim’s speech that “I would make a purchase of an external car under the four names of the J-Ra located in the house; and (c) received documents for the registration of the transfer of a vehicle from the victim; (d) sold the said vehicle at the office site located in Suwon on the 21st of the same month; and (e) deposited KRW 10 million as the sale price of the vehicle with the name of the victim in the Agricultural Cooperative account in the name of the victim; and (e) received KRW 10 million in the name of the victim around the 22th of the same month.