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A defendant shall be punished by imprisonment for six months.
However, 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. Fraud against the victim C;
A. A. On May 25, 2010, the Defendant made a false statement to the victim C, a video call in front of the Cheongju-si, U.S. D apartment, stating, “If he/she lends 5 million won to B, he/she would pay 5 million won or more of the principal, he/she will pay her full payment within one month.”
However, in fact, the defendant did not have the ability to repay even if he borrowed money because his obligation, such as card payments, exceeds 40 million won, and was in a bad credit position.
Accordingly, the Defendant, by deceiving the victim as above, received KRW 5 million from the victim on the same day.
B. On August 2010, the Defendant made a false statement with the victim’s video call at the place above, stating, “If the Defendant borrowed KRW 5 million to the victim, he/she would have to complete payment within one month, if he/she borrowed KRW 5 million prior to the lending of KRW 5 million to the victim.”
However, the defendant did not have the ability to repay even if he borrowed money from the victim as above.
Accordingly, the Defendant, by deceiving the victim as above, received 5 million won from the victim’s death distance in front of the door of the F University located in the reasonable area E of the Chungcheongbuk-si.
C. On August 21, 2010, the Defendant made a false statement with the victim’s video call, stating, “The Defendant will pay all of the money borrowed not later than one month prior to the lending of five million won at the attorney’s expense, if it is necessary to pay five million won.”
However, the defendant did not have the ability to repay even if he borrowed money from the victim as above.
Accordingly, the Defendant, by deceiving the victim as above, received KRW 5 million from the victim on the same day.
2. The Defendant, on December 20, 201, received the victim’s embezzlement from the victim G, from the victim G, a payment from the victim G to the G agency of the Megian vehicle I to request the change, and received the remittance of KRW 3 million owned by the victim.