A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. Around January 16, 2019, the Defendant made a false call to the victim B at a place where it is unknown on January 16, 2019, to the effect that “The Defendant would lend money to the customer and offer money with interest thereon.” (b) When investing money to B, the Defendant would return money by applying interest higher than the market interest rate.”

However, from October 2018 to January 2019, the Defendant was at the Internet gambling, and the credit card loan has reached about KRW 40,00,00 and there was no fixed income, and thus, the Defendant could no longer receive any additional loan. Therefore, the Defendant thought to raise additional gambling money to the victim, and even if he received the above money from the victim, there was no intention or ability to pay the money.

Nevertheless, the Defendant, by deceiving the victim as above, received the total sum of KRW 10 million from the national bank account (C) in the name of the Defendant on the same day from the victim, under the name of the Defendant.

2. Around February 28, 2019, the Defendant called the victim at a place where it is unknown on February 28, 2019, as described in paragraph (1), to return the amount of money to be invested in the trading office (hereinafter referred to as “the amount of money to be invested in the trading office”) to the victim, as described in paragraph (1). If more than five million won is invested, the sum of the money to be invested in the transfer shall be applied to the interest up to March 10, 2019

However, for the same reasons as the statement in Paragraph 1, the defendant was thought to use the money for additional gambling by lending the money to the victim, and even if he was paid the money from the victim, he did not have the intention or ability to pay it.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 5 million from the victim’s account as stated in paragraph (1) of the same day as the investment money.

Accordingly, the defendant was informed of the victim's total amount of 15 million won by deceiving the victim two times in total.

Summary of Evidence

1. Statement by the defendant in court;

1. The complaint chief and the police statement with respect to B.