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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On November 23, 2018, the Defendant made a false statement to the victim B, “A deposit is required to obtain the studio of his/her father. If a person lends money, he/she will pay the interest on three occasions and pay off.”
However, the facts revealed, however, that at the time, the Defendant had at least KRW 300 million debt, and the personal debt was about KRW 100 million and it was difficult for the Defendant to pay interest solely on the Defendant’s monthly income, and there was no need to pay money for the above purpose, and even if the Defendant borrowed money from the victim, there was no intent or ability to pay the money.
Ultimately, around November 23, 2018, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the Nonghyup Bank account in the name of the Defendant, and acquired the money by remittance of KRW 57 million in total on six occasions, as shown in the attached Table 1 of Crimes List 1.
around March 10, 2019, the Defendant made a false statement that “The former husband entered into a contract with the former husband, but the intermediate payment is insufficient to lend KRW 10 million to the victim D at a restaurant operated by the Defendant located in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City. If the former husband entered into a contract with the former husband, the latter would receive money from the husband.”
However, the facts revealed, however, that the Defendant was at the time at KRW 300 million, and the personal debt was around KRW 100 million and the Defendant’s monthly income was difficult to pay interest, and there was a need to pay money to repay the personal debt in the so-called “commencing” manner, and it was not necessary to pay money for the above purpose, and even if the Defendant borrowed money from the victim, there was no intention or ability to pay such money.
Ultimately, the Defendant deceivings the victim as above, and then is the new bank account with the Defendant’s name around March 18, 2019 from the victim.