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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 became final and conclusive.
Reasons
Punishment of the crime
1. On June 11, 2018, the Defendant concluded that “The Defendant would pay the principal and fee of KRW 2.5 million up to June 25, 2018, to the victim C via B Messenger at a Messenger place.”
However, the defendant did not think that he would subscribe to the above D Business Facilities, and even if he did not have any obligation equivalent to KRW 100 million at the time and borrowed money from the victim without any specific property, he did not have the intent or ability to repay it as agreed.
On June 11, 2018, the Defendant, by deceiving the victim as such, received five million won from the victim to the Kakao Bank (E) account under the name of the Defendant on the pretext of the borrowed money and acquired it by defrauded.
2. On July 26, 2018, the Defendant made an offer to the F shop located in Gangnam-gu, Seoul, to the victim via B Messenger on July 26, 2018, stating that “The Defendant would pay KRW 50 million in total, including KRW 5 million, from among the commission for sales of commercial buildings, if it is short of KRW 45 million.” In addition, the Defendant made a false statement that the Defendant would pay KRW 50 million, including KRW 5 million, prior to August 6, 2018.”
However, in fact, the defendant did not have made an offer to the above F commercial building, and he was willing to repay his personal debt from the victim, and did not have any specific property and did not have any intent or ability to repay the debt according to the promise even if he borrowed money from the victim.
On July 26, 2018, the Defendant, by deceiving the victim as such, received 45 million won from the victim to the Kakao Bank account in the name of the Defendant under the name of the Defendant on the pretext of the borrowed money and acquired it by defrauded.
3. On August 14, 2018, the Defendant made a false statement that “The Defendant would pay money to the victim within two days after receiving the Franchis subscription cancellation money if the Defendant lent KRW 5.5 million to the victim.”
However, the defendant F. F.