A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

In around 2006, the Defendant became aware of the victim B, who is a person with a cadastral disability of the third degree in disability, during his school year at a university, and has continuously formed friendly relationship with the victim by drinking alcohol with the victim and working for day duty.

1. On December 16, 2016, the Defendant made a false statement to the victim, stating that “The Defendant would lend money to the victim KRW 1 million in the following month, on the face of a week during which money is lent.”

However, the facts are that the defendant worked for daily employment at the time and did not specify the income, and about 1.5 million won per month, such as loans, etc., even if he borrowed money from the victim, he thought to be used for personal purposes such as repayment of loans, etc., and he did not have the intention or ability to pay it to the victim.

Around December 16, 2016, the Defendant received KRW 550,000 from the victim’s bank account (E) in the name of the Defendant from the victim as the borrowed money, and received KRW 11,450,000 from April 22, 2016 to April 13, 2019 in total on 66 occasions, as indicated in the list of crimes in the attached Table, from April 22, 2016.

Accordingly, the defendant was given property by deceiving the victim.

2. 공갈 피고인은 2019. 4. 18. 01:38경 불상의 장소에서, 피해자에게 전화하여 “노동현장을 함께 다니면서 이용한 차량연료비가 많이 나왔으니 돈을 달라. 지인 F이가 감방에 들어갔다. 다음은 니 차례다. 너랑 다녔던 카드기록 떼서 경찰서에 고소할게, 여태 기름값 많이 나왔는데 반띵해야지, 나는 합의는 필요 없어, 그냥 너도 (감옥)살고 나와라.”라는 취지로 말하여 피해자에게 겁을 주었다.

On April 18, 2019, the Defendant received 250,000 won in cash from a company bank account (E) in the name of the Defendant in the name of the victim in the name of the victim on April 18, 2019.