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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
1. On June 2018, the Defendant stated that “The Defendant would work for the victim D as an employee for one month a week of advance payment of KRW 10 million at a limited liability company C office located in Namwon-si, Namwon-si.”
However, even if the defendant received a prepaid payment, he did not have the intention or ability to work as an employee in the victim's entertainment tavern.
Nevertheless, on July 23, 2018, the Defendant, by deceiving the victim, received KRW 10 million from the victim’s account under the name of the Defendant E Association (F).
2. The Defendant stated the facts charged on or around July 28, 2018 as “as of July 29, 2018.” However, according to the evidence duly adopted and investigated by this court, in particular, the deposit transaction statement (as of July 25, 2018), it is evident that the date when the victim paid money to the Defendant is “the date when the victim paid money to the Defendant.”
From G located in Jeonnam-do to the victim D, “A mobile phone fee is not paid due to lack of money, so it is sent KRW 1,00,000,000 to the victim D. If he/she forwards money to be used as expenses in Yong-do, he/she will make a payment at a time later.”
However, the defendant only thought that the above money was used for purchasing cyber money necessary for the Internet card, etc., and even if the money was paid in advance, the victim did not have an intention or ability to work as an employee.
Nevertheless, the Defendant, as seen above, was accused of the victim and received total of four million won from the date and time to October 16, 2018 from the victim to the E Association account as described in paragraph (1).
3. On November 5, 2018, the Defendant phoneed the victim D from the International Bank located in J, Sung-gun, J, Kim Sung-gun on November 5, 2018, and falsely stated that “If the president had to pay KRW 6 million in advance, he/she may enter into the work if he/she had to pay the 6 million in advance, he/she would have to pay the 6 million in advance.”
(b).