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A defendant shall be punished by imprisonment for six 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
The Defendant is a person who operated a “B” restaurant in the Youngnam-gun.
1. On October 2017, the Defendant stated to the effect that “A victim C, the number fraternity (20 million won, total amount of 20 million won, and total of 20 monthly payments) is needed to live in money for the purpose of funeral services in the future. The Defendant would pay the fraternity to the 2nd unit of the number fraternity 1 and 2, the number fraternity 1 and 2.”
However, the Defendant, who was operating a restaurant at the time, was unable to pay the debts only with financial institutions, loan companies, debentures, etc. of more than 300 million won, and the liability has been gradually increased by preventing the repayment of existing debts by using debentures and fraternitys. Even if the Defendant’s sole property loan, which is the only property of the Defendant, did not have any substantial value due to the establishment of collateral security and seizure, and thus, there was no intention or ability to pay the remainder of the monthly payment properly.
As such, the Defendant, by deceiving the victim as such, received from the victim the transfer of the total sum of KRW 35,50,000 on October 17, 2017, and KRW 17,750,000 on October 17, 2017 from the victim’s account in his/her name, through the veterinary cooperation deposit account in the name of the Defendant.
2. On January 2018, the Defendant told the said victim C to the effect that “Around January 2018, the Defendant would pay a monthly payment to the said victim C at least once a new subscription to the number-based 1 unit.”
However, at the time, the Defendant did not have the intention or ability to pay the remainder of the monthly payment even after receiving the payment from the victim because, due to the economic difficulties such as the above Paragraph 1, the Defendant was unable to pay the monthly payment specified in the above Paragraph 1 properly.
The defendant deceivings the victim to do so.