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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. On July 15, 2016, the Defendant: (a) purchased an amount-variable pension insurance policy that requires an amount equivalent to KRW 1,00,000 per month to pay via the insured design damage victim E in the restaurant “D” in Busan Shipping Daegu C 102; and (b) made a false statement to the victim, “I will pay the premium immediately after having to pay the premium to the Busan Bank passbook.”
However, in fact, the Defendant had the ability to pay the amount equivalent to KRW 1 million per month, such as a debt amounting to KRW 30 million at the time, and the victim did not have the intent or ability to pay the premium even if he paid the premium by substitute.
As such, the Defendant, by deceiving the victim as such, and requiring the victim to pay KRW 1,037,350, and KRW 1,037,350, around August 15, 2016, the Defendant acquired property benefits equivalent to KRW 2,074,70 in total, by requiring the victim to pay KRW 1,037,350 under the pretext of insurance premium.
2. On July 24, 2016, the defrauded of the borrowed money: “Around July 24, 2016, the Defendant made a false statement to the victim that “I would complete payment without problem if I would lend money in operating the restaurant.”
However, at the time, the Defendant had a debt of KRW 30 million and failed to pay the premium for the restaurant. The Defendant had no intent or ability to pay the debt even if he/she borrowed money from the damaged party while operating the restaurant without any funds, not from money to money, and borrowed money from the damaged party.
As such, the Defendant, by deceiving the victim and receiving KRW 2,50,000 from the victim to the Busan Bank account (F) in the name of the Defendant on the same day, and acquired the total amount of KRW 45,580,000 through 12 times from that time until August 26, 2016, such as the list of crimes in the attached list of crimes.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the police and suspect examination of the accused by the prosecution;
1. E.