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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
The Defendant is a person who serves as a technician in the “C” military unit located in the Gyeonglbuk-gun B.
1. On June 22, 2016, the Defendant against the victim D’s fraud shows that the F’s mark of the U.S. military unit is inscribed at the F’s house located in Gluri-gun E, Gluri-gun, and promptly return the money when he/she is aware of the fact that he/she is employed in the technical position of the U.S. military.
“.....”
However, in fact, while the Defendant had to pay 180 million won or 100 million won and the interest to pay 3.5 million won in one month, he thought that he would receive money from the injured party to pay his personal debt, and there was no intention or ability to find the injured party in the military unit or to pay the money from the injured party.
The Defendant, as such, by deceiving the victim, was transferred from the victim to the new bank account opened in the name of the Defendant around June 23, 2016, KRW 60 million, and KRW 7.5 million around December 1, 2016.
Accordingly, the defendant was given 67,50,000 won by deceiving the victim.
2. On November 7, 2016, the Defendant against the victim G calls from the “C” military unit to the victim and promptly return the money if he/she becomes aware of employment.
“.....”
However, in fact, the defendant thought that he will receive money from the injured party to use it for the repayment of his personal debt, there was no intention or ability to find the injured party in the military unit or to pay the money received from the injured party.
The Defendant, as such, by deceiving the victim, received KRW 15 million from the victim to the new bank account opened in the name of the Defendant around November 8, 2016, KRW 10 million around November 10, 2016, KRW 10 million around and around November 11, 2016, and KRW 5 million around November 11, 2016.
Accordingly, the defendant was delivered KRW 30 million by deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police officer with respect to D and G.