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A defendant shall be punished by imprisonment for not less than eight 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
In 2012, the Defendant became aware of the victim D through C who was living in adjoining areas.
1. On August 2, 2012, the first criminal defendant committed the crime of fraud, “Around August 2, 2012, the victim sent a telephone to the victim and, if he/she borrowed KRW 20 million necessary for employing multiple employees, he/she will repay to the victim with a credit that is received on April 2, 2013.”
However, in fact, the Defendant did not receive the money from April 2013, and there was no intention or ability to pay the money to the victim even if he borrowed money from the victim because he had already been liable for about KRW 130 million.
Around August 6, 2012, the Defendant, by deceiving the victim, received KRW 10 million in total from the E bank account (Account Number:F) in the name of the Defendant, and around November 12, 201 of the same year, KRW 8 million in the E bank account (Account Number: G) account in the name of the Defendant, and KRW 20 million in total from the same account around November 13, 201 of the same year, and transferred KRW 20 million in total three times in total.
Accordingly, the defendant acquired property by deceiving the victim.
2. On March 2013, the criminal defendant committed the second fraud, with phone calls from the victim, and concluded that "on the loan of KRW 29 million to the victim, prior to the loan of KRW 20 million, he/she will pay it within three months, including KRW 20 million."
However, the defendant was trying to use money from the victim to pay his personal debt, and there was no idea to use it for singing practice, and even if he borrowed money from the victim, there was no intention or ability to pay it to the victim even if he borrowed money from the victim because he had a debt of approximately KRW 130 million at the time.
Around March 19, 2013, the Defendant, by deceiving the victim, received KRW 29 million from the E bank account (Account Number: H) in the name of the Defendant.