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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
Criminal facts
The Defendant, as a family owner, used both monthly income of her husband in the absence of any specific income other than KRW 1,500,000 as her husband’s monthly income, and was unable to repay the debt by means of lending money from another person to another person’s debt or paying credit card bills. As such, the Defendant did not have any intention or ability to pay the debt even if her husband borrowed money and credit card.
1. Fraud against the victim C;
A. On October 4, 2010, the Defendant loaned the money in return for the payment to the victim at the victim’s residence located in Yeongdeungpo-gu Seoul Metropolitan Government 109 dong 202, the Defendant agreed to lend the money in return for payment to the victim.
However, the defendant did not have any intent or ability to repay the above even if he borrowed money from others.
Nevertheless, the Defendant, by deceiving the victim as above, received KRW 100,000 from the victim’s husband, to the account in the name of E, which is the husband of the Defendant on the same day, and acquired KRW 84,160,227 from that time to July 25, 2012 by taking 57 as shown in the attached Table 1 of Crimes List 1 from that time.
B. On August 9, 2011, the Defendant acquired financial benefits equivalent to the same amount by deceiving the victim as if he/she were to pay the credit card in the name of the victim, even if he/she lent the credit card in the name of the victim and then failing to pay the credit card. However, as if he/she was to pay the credit card in the process of paying the credit card, he/she deceivings the victim as if he/she was to pay the credit card amount, and by paying the amount of KRW 11,00,00 from that time to August 6, 2012 by the aforementioned method, as shown in attached Table 2, from that time to August 6, 2012.
2. The Defendant who committed fraud against the Victim H shall be deemed to have committed fraud to the Southernbuk on February 1, 2012.