A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

1. On July 18, 2016, the Defendant by fraud of KRW 50 million by telephone from the victim C on July 18, 2016 to the victim C on July 18, 2016, and “it is necessary to pay KRW 50 million at the interior cost of a private teaching institute.”

The father is to receive property from his/her father, and the procedures for donation of property through a certified judicial scrivener are being followed, and when this procedures are completed, he/she will pay the money immediately after entering the 2,3 days or less.

“.....”

However, the defendant did not receive a donation from his father, and even if he borrowed money from the damaged person due to no special property, he did not have the intention or ability to complete the donation.

On July 19, 2016, the Defendant, by deceiving the victim, received 50 million won from the victim to the Cit Bank account (D) in the name of the Defendant on July 19, 2016, and acquired it by defrauded.

2. On July 25, 2016, the Defendant defrauded money KRW 10 million by phone to the victim on July 25, 2016 in Busan (hereinafter referred to as “non-standing”), and “The money is late due to the complicated problem of property donation and tax issues.”

In addition, Indian expenses need to be added to KRW 10 million. It is the fact that the currency was made with the bank staff.

at least once a week shall be resolved.

“.....”

However, at the time of fact, the donation procedure was not in progress, and did not call with bank employees, and the defendant did not have any intent or ability to complete payment even if he/she borrowed money from the damaged party due to lack of special property.

As such, the Defendant, by deceiving the victim, received the remittance of KRW 10 million from the victim to the above account on the same day (the Defendant/defense counsel against this, and the Defendant made such remarks to C at the time, but it was true that at the time of the instant case, the mother/child committed such remarks to C, and thus, it was not false, and there was an intention and ability to repay.

DaNN

It is a subjective element of fraud.