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A defendant shall be punished by imprisonment for four months.
except that 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. On March 2014, the Defendant told the victim C using a mobile phone from the Geumdo-Eup, Geumdo-gun, Geumdo-gun, Geumnam-do-gun, that “The Defendant will leave a scambling construction work, and will pay KRW 600,000 per day of the operation of the scambling at the site to the scene of the work.”
However, from 2006, the Defendant was under pressure to pay the funds because of the business difficulties, and was registered as a person with bad credit standing, and was registered as a person with no intent or ability to pay the construction expenses from time to time. The Defendant was registered as a person with bad credit standing.
As above, the Defendant: (a) inducedd victims; (b) had the victims do so from March 14, 2014 to July 17, 2014; and (c) had the victims do so at the D Construction Site located in Donnam-gun E, Donnam-do; and (d) had the victims do so at the D Construction Site located in Donnam-gun, Donnam-do from May 13, 2014 to May 27, 2014, the Defendant acquired financial benefits equivalent to the amount of KRW 6,300,000,000 from the D Construction Site located in Dondon-gun, Don-gun, and
2. On May 30, 2014, the Defendant stated that “(i) a national tax shall not be paid in arrears to the said victim in the Doama Village of the Doamdo-Eup, Do-do.” If the Defendant borrowed KRW 3 million, the Defendant would pay the amount of the national tax sealed in the said money and pay the total amount of the pre-paid construction cost not paid by the Do-gun to the pre-paid construction cost.”
However, the defendant did not have any intention or ability to pay the price in time even if he borrowed money from the victim on the grounds as stated in the preceding paragraph.
Around June 3, 2014, the Defendant, by deceiving the victim as above, received 3 million won from the victim to the account of community credit cooperatives (H) in the name of the Defendant, and acquired it by fraud.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Details of passbook transactions (A);