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A defendant shall be punished by imprisonment for not less than eight 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 B;
A. On April 9, 2018, the Defendant stated to the effect that, around April 9, 2018, the Defendant would complete the payment without a mold by the end of October, 2018, if he/she had to complete the payment of KRW 6 million if he/she had died of his/her birth at present, and he/she borrowed the victim B.
However, in fact, the defendant thought to use the money received from the victim for the cost of living, and since there was no certain income or property at the time, there was no intention or ability to repay the money even if he borrowed money from the victim.
The Defendant, by deceiving the victim as such, received 6 million won from the victim to the account in the name of the Defendant on the same day.
B. On May 8, 2018, the Defendant committed the crime around May 8, 2018.
At the place described in paragraph B, the victim B stated to the effect that “The amount of money first lent shall be repaid by the end of October if the 13 million won is lent to the mother of the Dong resident’s land in Jeju-do.”
However, in fact, the defendant thought to use the money received from the victim for the cost of living, and since there was no certain income or property at the time, there was no intention or ability to repay the money even if he borrowed money from the victim.
The Defendant, as such, by deceiving the victim, received KRW 13 million from the victim’s account in the name of the Defendant on the same day.
2. On October 28, 2018, the Defendant sent a text message to the victim E to the effect that “The victim E sent a text message to the effect that “I need to pay hospital expenses due to his/her birth at a hospital. If I lend KRW 1.7 million to the hospital expenses, I will pay 1.7 million per week.”
However, in fact, the defendant thought to use the money received from the victim for the cost of living, and since there was no certain income or property at the time, there was no intention or ability to repay the money even if he borrowed money from the victim.
The Defendant is the victim.