beta
Text
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 April 18, 2015, the Defendant made a false statement to the effect that “The Defendant would pay interest of KRW 200,000 won per month on the loan of KRW 10,000 to the victim D in C D’ operated by the Defendant in Daegu Northern-gu, Daegu-gu, Seoul-gu, about April 18, 2015.”
However, even if the defendant received money from the injured party, he did not have any idea to use the money for the number of days, and there was no intention or ability to pay interest to the injured party because he was planned to use the money as personal debt repayment and the interior expenses.
On the 20th of the same month, the Defendant: (a) by deceiving the victim; (b) received from the victim, a total of KRW 9.8 million from the Daegu Bank Account under the name of the Defendant; and (c) KRW 5 million from the said account on the 21st of the same month.
Accordingly, the defendant was given property by deceiving the victim.
2. On June 25, 2015, the Defendant concluded a false statement to the effect that “The Defendant would lend only KRW 2,000,000 to the victim D, 50,000 per month, and be repaid 10,000 after 100,000” to the victim D at the F cafeteria located in Daegu Northern-gu, Daegu Northern-gu, Seoul.
However, the defendant did not have any particular property or income at the time, and there was no intention or ability to pay the principal and interest after 100 days since he planned to pay the personal debt with the money received from the injured party.
The defendant deceivings the victim as above and was transferred KRW 20,00 to the Daegu Bank Account in the name of the defendant on the 26th of the same month under the pretext of borrowing from the victim.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of Acts and subordinate statutes to details of transactions in the account of the accusation (including attached data) and the suspect A's Daegu Bank Account;
1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;
1.Article 62(1) of the Criminal Code of the Suspension of Execution (hereinafter referred to as the following):