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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Criminal facts
1. On September 17, 2013, the fraud Defendant, on September 17, 2013, made a false statement to the victim D’s house located in Gyeongnam-si Kim Jong-si, Kim Jong-si, 506 Dong 1703 around September 17, 2013, stating that “five million won shall be repaid to the victim on the day he/she pays her face value, he/she shall be paid her interest, and one million won shall be paid every month.”
However, the defendant did not have any income due to absence of a special occupation, while the defendant did not have any intent or ability to repay the debt of the bank to the victim even if he borrowed money from the victim.
As such, the Defendant, by deceiving the victim, received five million won in cash from the victim’s occupation.
2. On December 17, 2013, the Defendant, at the same place as the above-mentioned 1.1 on December 17, 2013, concluded that “A victim, who borrowed 10 million won or less, shall be paid with full payment, and shall be paid with interest on two parts per month when he/she shall be paid with full payment if he/she borrowed 10 million won or less.”
However, the defendant did not have any income due to absence of a special occupation, while the defendant did not have any intent or ability to repay the debt of the bank to the victim even if he borrowed money from the victim.
The Defendant, as such, by deceiving the victim, received KRW 10 million from the victim’s bank account in the name of the Defendant on the same day.
3. On January 17, 2014, the Defendant, at the same place as the above-mentioned 1.1 on January 17, 2014, concluded a false statement to the effect that “A victim has borrowed money from other friendships, but has to have it repaid. If the Defendant borrowed KRW 10 million, he/she shall have to have it repaid, and he/she shall have to pay the second installment interest every month.”
However, the defendant did not have any income due to absence of a special occupation, while the defendant did not have any intent or ability to repay the debt of the bank to the victim even if he borrowed money from the victim.
The defendant deceivings the victim as such, and is on the same day from the victim.