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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On March 1, 2012, the Defendant told the victim D’s house located in the Climate C of Japan to the effect that “I wish to re-take an alcoholic beverage house at the victim’s house located in the Time-si of Japan,” “I will make reimbursement at the end of March 2012 and one million U.S. to the end of April 2012 without a framework of 1 million U.S., if I wish to operate an alcoholic beverage house at the time of the operation of the alcoholic beverage house in Korea-do, Korea-do. At this point, I wish to make reimbursement at the expense of two million U.S. and two million U.N. to be necessary.”
However, the defendant did not have a certain occupation and did not have any intention or ability to repay money even if he borrowed money from the victim because he did not have any property with no occupation.
As such, the Defendant, by deceiving the victim, obtained from the victim 2 million UN on the same day (an amount equivalent to KRW 27,984,200) and acquired it by fraud.
2. On April 25, 2012, around 20:00, the Defendant told the victim G to the effect that “In a public telephone in the vicinity of the F hotel in Busan metropolitan Daegu E, it is impossible to withdraw money due to the lack of money to withdraw the satise,” by phoneing the victim G, the Defendant may immediately extract the satise with money, and if satise two million won are lent, the Defendant would withdraw the satise and have the payment be made without the satise.”
However, in fact, the defendant thought to use the gambling fund, and there was no specific repayment plan, so even if he borrowed money from the victim, he did not have the intention or ability to repay it.
As such, the Defendant, by deceiving the victim, received KRW 2,00,000 from the victim to the bank account under the name of the Defendant on the same day, and acquired KRW 11,80,000 in total by remitting KRW 2,00,000 on April 26, 2012, and KRW 27,000 on April 28, 2012, and KRW 3,000,000 on April 28, 2012, and KRW 3,000 on April 29, 2012, respectively.
Summary of Evidence
1. Defendant's legal statement;
1. Protocol of each police statement concerning G;
1. Application of each specification of transactions and Acts and subordinate statutes governing borrowing;
1. Criminal facts;