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A defendant shall be punished by imprisonment with prison labor for four 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 May 31, 2017, the Defendant made a false statement that “Around May 31, 2017, the Defendant called “Afford the victim B by phoneing money to the son B,” and “Af for a money to be lent to the son and son, if there is no bank in the surrounding area, and no money is found to have been returned to the son, if he would return the money to the son in cash.”
However, in fact, the defendant was planning to repay the money borrowed from the victim to another person with the personal debt worth of KRW 70 million, and there was no intention or ability to repay the money.
At around 09:36, May 31, 2017, the Defendant, by deceiving the victim, had the victim transfer KRW 1.3 million to the bank account in the name of C, thereby having the victim acquire pecuniary profits.
A public prosecutor has instituted a public prosecution to the effect that "the defendant remitted KRW 1.3 million to the bank account in the name of C and acquired it by fraud," and the court requested the public prosecutor to review the amendment of the indictment, and the public prosecutor applied for the amendment of the indictment to add "Article 347 (2) of the Criminal Act" to the applicable provisions of the Acts and subordinate statutes and permitted it by the court. However, in light of the evidence duly adopted by the court and the contents and process of the public trial of this case, and in particular, the defendant stated in the police that "the 1.3 million won borrowed money to Don (C)" stated that "the police shall not interfere with the exercise of the defendant's right to defense," it shall be determined that without the procedure of the amendment of the indictment, it shall be changed to "the court shall transfer KRW 1.3 million to the bank account in the name of C, thereby acquiring pecuniary profits by removing debt equivalent to the above amount," and Article 347 (1) of the Criminal Act shall
2. On May 31, 2017, the Defendant, such as the purchase price of Saturdays, is placed in the victim’s office located in Gangseo-gu Busan Gangseo-gu, Busan around May 31, 2017.