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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Fraud in a manner by which the authority to use the marina account has been granted;
A. On December 28, 2015, the Defendant concluded that “Around December 28, 2015, the Defendant is entitled to a loan service that provides the State at a low interest rate if he/she pays at a time several months of the repayment of the individual rehabilitation procedure in progress at a limited liability company D office that the Defendant had worked for the Defendant. When he/she borrowed money, he/she would receive a low interest rate loan service after two months after he/she paid the repayment of the individual rehabilitation procedure in progress.”
However, in fact, the defendant thought that he will use the money borrowed from the victim for the repayment of bonds, etc., as well as the situation where it is impossible to obtain a low interest loan even if he/she paid the personal rehabilitation repayment in lump sum. Thus, even if he/she borrowed money from the victim, he/she did not have the intention or ability to pay the money
The Defendant, by deceiving the victim as above, caused the victim to open a Masp account (F) with the limit of KRW 15 million in the name of the victim in the name of the victim, and received the Masp card connected to the account and was authorized to use the said 15 million won in the Masp card. From December 29, 2015 to May 10, 2016, the Defendant used 14,990,048 won in the Masp Card and failed to repay it, thereby making the victim bear the corresponding liability.
B. On May 11, 2016, the Defendant made a false statement to the victim that “I will receive a loan after receiving a loan from the victim because I would be able to receive a low interest rate loan if I would receive more payment once of individual rehabilitation repayment.”
However, in fact, the defendant thought that he will use the money borrowed from the victim for bond repayment, etc., and even if he pays the personal rehabilitation repayment once, he can get a loan at low interest.