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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. At around April 6, 2016, the Defendant: (a) provided that, by telephone, the victim B provided a guarantee for loans of KRW 12,000,000,000 to the victim B, “it is necessary to undergo a wood ties surgery; and (b) the Defendant provided a guarantee for loans of KRW 12,000,000,000,000,000,000,000,000,000,000 won.” (c) On April 7, 2016, the Defendant provided a guarantee to the victim who believed such loans by receiving insurance money from the victim two months after a week.
However, the defendant used only 3 million won of the above money as operating expenses, and the remainder was laid off with entertainment expenses, and there was no insurance money to be received after two months, and there was no intention or ability to repay the above loan because it was not an economic ability to repay the above loan.
Accordingly, the defendant, by deceiving the victim, acquired a substantial pecuniary benefit from the above guarantee.
2. On April 29, 2016, the Defendant: (a) provided that “The Defendant shall issue money to a doctor due to the issuance of a certificate of disability with a post-paid disability; and (b) he/she shall receive disability diagnosis insurance proceeds from KRW 80 million to KRW 150 million; and (c) received money from the victim who believed that he/she received such insurance proceeds; and (d) transferred KRW 500,000,000 to the account in the name of the Defendant on the same day from the victim who believed that he/she received such insurance proceeds.”
In addition, from the above date to July 16, 2016, the Defendant received a total of KRW 44.6 million by the same method as indicated in the list of crimes in the attached Form.
However, in fact, the defendant was thought to consume the above money for entertainment expenses, there was no insurance money for diagnosis of disability after he was able to receive the above money, and there was no intention or ability to repay the above money because it was not an economic circumstance to repay it.
Accordingly, the defendant deceivings the victim and defrauds the above 44.6 million won.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement protocol against B and C;
1. A full statement of transactions;