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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On March 16, 2015, the criminal defendant against the victim C was transferred KRW 10 million to an account in the name of the criminal defendant by phone to the victim C, who was known to his/her reputation at the scarcity on March 16, 2015.
However, even if the Defendant borrowed money from the victim at the time, the Defendant did not have any idea to operate a bank, and card-backed claims amounting to KRW 10 million, and was thought to consume the borrowed money with living expenses, etc., so there was no intention or ability to repay the borrowed money with the operation of the bank.
As above, the Defendant, as well as by deceiving the victim and deceiving the victim of KRW 10 million from the victim. From around that time to July 14, 2015, the Defendant defrauded the victim of KRW 49,50,000,00 in total on seven occasions, such as the list of crimes Nos. 1 to 7, 2015.
2. On October 22, 2015, the Defendant, against the victim D, provided that “A victim D would lend KRW 20 million to the F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F FC,” and received KRW 200,000 from the victim in cash.
However, the Defendant did not have any intent or ability to repay the money borrowed from the damaged party due to the lending of money from C as set forth in paragraph (1). However, the Defendant did not have any intent or ability to repay the money borrowed from the damaged party.
Ultimately, the Defendant, as seen above, by deceiving the victim and deceiving 2 million won from the victim, obtained 4.7 million won in total from the victim, such as around that time, and around October 27, 2015, as stated in the attached Table No. 8 and 9 of the List of Crimes, by deceptioning 4.7 million won in total twice from the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the suspect of the defendant (including the part concerning the second, C, D, and G statements)
1. Each police statement made to C, D, and G;
1. Application of Acts and subordinate statutes on transaction details;
1. Criminal facts;