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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
1. Fraud against the victim B;
A. On August 2013, the Defendant: (a) asked the victim B, a middle school creator, by telephone at a non-permanent location in August 2013, 2013, that “a person needs to be given consent at Daejeon; (b) borrowed money”; and (c) provided that “a person who is an employee of a lending company, who has been well aware of the fact in his/her country and who has not paid money, can receive a loan in the manner of repaying the principal and interest at once at the request of the employee; and (d) received a loan and received a loan to the maximum possible time.”
However, in fact, the defendant was thought to use the money for the operation of the above business because of the poor operation of the proxy driving business operated at the time and the need for operating funds, and the money to be used as the agreed money was not in need of the situation. Since the defendant was liable for large amount of debt such as the loan and the payment of the mobile phone, there was no intention or ability to pay the money even if he borrowed money from the victim.
As above, the Defendant, by deceiving the victim, received KRW 5 million from the victim, around August 21, 2013, and KRW 21 million, including KRW 16 million around August 22, 2013, from the victim, to the E bank account in the name of D.
B. In January 2014, the Defendant pretended to be able to repay part of the principal and interest of a loan borrowed from the victim’s name with the money borrowed from the victim as above, and the Defendant made a false statement to the victim B by telephone at a non-permanent place around January 2014, stating that “Any money may be used rapidly with business funds, etc.” to the victim B.
However, in fact, the defendant was retired from the existing substitute driving business and was not employed in another workplace, and there was no certain amount of income, and even if he borrowed money from the victim because he was responsible for a large amount of debt such as the loan and the mobile phone unpaid fee, he will pay it.