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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
1. The Defendant against the victim C at around March 28, 2014, stated that “The victim was a U.S. Habd University doctor and was working in each type hospital at the present type of hospital,” and if it was well, he paid the interest to pay KRW 50,000,000 to the victim C at the car shop of the victim’s automobile store in the North-gu Seoul metropolitan area.”
However, in fact, there was no intention or progress in the business, and there was no special import, so even if the victim pays accommodation expenses on behalf of the victim, there was no intention or ability to pay it.
As such, the Defendant, by deceiving the victim, caused the victim to pay 40,000 won for accommodation expenses of the “Eel” in which the Defendant was living together with the Defendant. From that time to April 4, 2015, the Defendant paid 3,900,000 won in total to the victim over 59 times, as shown in the list of crimes in attached Table, from that time.
Accordingly, the defendant got the victim's pecuniary advantage equivalent to the above amount by deceiving him.
2. The Defendant against the victim F was at the “Eel” of the victim F’s operation from March 2014 to April 15, 2015, and the fact did not have any special income, and even though the Defendant was unable to pay accommodation expenses without borrowing accommodation expenses from C as described in paragraph (1), as if the victim had the ability to pay accommodation expenses, the Defendant did not pay the victim a total of KRW 405,000,00, when he was provided from the victim with the above 505,000 from March 20 to April 15, 2015.
Accordingly, the defendant got the victim's pecuniary advantage equivalent to the above amount by deceiving him.
Summary of Evidence
1. Statement by the defendant in court;
1. Entry of each part of the protocol concerning the examination of the suspect against the defendant;
1. Statement in each police statement made to F and C;
1. A report on the occurrence of an offense and each investigation report;
1. Statement of account transactions and copies of account books;