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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 March 7, 2013, the Defendant made a false statement to the effect that “If money is needed due to work in the house, it will be repaid immediately if money is lent.” to the victim C, who was aware of the usual place at the scene of the crime of 2013.
However, due to bad credit standing, the Defendant had a personal obligation of KRW 40 million, and there was no particular property, and even if the Defendant borrowed money from the victim due to the absence of an occupation, there was no intention or ability to pay it properly.
Nevertheless, as seen above, the Defendant, by deceiving the victim, received KRW 13.5 million from the victim to the D's account designated by the Defendant, and obtained a total of KRW 50 million on seven occasions, as shown in the attached Table 1, such as the crime list 1.
2. On December 2, 2013, the victim C submitted a written complaint on the facts of damage under paragraph (1) to the Yanannam Police Station located in the Yananananannam Police Station located in the 2015 city, but the Defendant promised to pay the amount of damage in monthly installments, and the Defendant submitted a written withdrawal of the complaint on February 24, 2014, but did not receive the amount of damage from the Defendant at all.
On December 2, 2015, the Defendant made a false statement to the effect that “B lends KRW 10 million to B, and additionally lends KRW 10 million to his/her name to his/her name before borrowing KRW 10 million, including KRW 50 million, to his/her name.”
However, the fact was that the defendant was in bad credit standing and was not able to pay 50 million won already borrowed by the victim, and there was no particular property and no intention or ability to pay the money properly even if he borrowed money from the victim because he did not have any job.
Nevertheless, the defendant deceivings the victim as above and received two million won from the victim around December 16, 2015.