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A defendant shall be punished by imprisonment for six months.
except that 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. On July 13, 2011, the criminal defendant against the victim C made a false statement to the victim C, stating, “I would have to receive a full payment after three months since he/she got a telephone from the victim C, and he/she had no money. I would have borrowed 3.88 million won because he/she had no money.”
However, even if the Defendant borrowed money from the victim, he did not have any intention or ability to repay the money to the victim because he did not have any property or income.
Nevertheless, as above, the Defendant, by deceiving the victim, received 3880,000 won from the victim to the account under the name of the Defendant on the same day, and received 3,7310,000 won in total over 13 times from April 4, 2013, as shown in the separate crime list, from that time.
2. On May 6, 2013, the Defendant made a false statement to the victim D, stating that “The Defendant would repay the credit card payment to the victim by May 20, 2013.”
However, even if the Defendant borrowed money from the victim, he did not have any intention or ability to repay the money to the victim because he did not have any property or income.
Nevertheless, the defendant deceivings the victim as above and acquired 2.7 million won by account transfer from the passbook in the name of the defendant bank under the name of the victim on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of each police statement related to C and D;
1. Application of Acts and subordinate statutes on details of passbook transactions;
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommending punishment], and fraud crime group.