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A defendant shall be punished by imprisonment for not more than ten months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
1. Around October 17, 2017, the Defendant stated to the effect that, “D” offices located in the victim C’s “D” office located in Kimhae-si, Kimhae-si, the Defendant would have to pay back up to October 27, 2017, the two weeks later, if he/she lent KRW 10 million to the victim.”
However, in fact, the defendant thought that he would use the money that he would have borrowed from the victim for a stock investment, and that his liabilities due to the failure to make a stock investment amounting to approximately KRW 260 million, and that there is a need to pay only interest amounting to KRW 200 to KRW 3 million every month, so even if he borrowed money from the victim, there is no intention or ability to pay the due date.
Around October 18, 2017, the Defendant, by deceiving the victim as above, received KRW 3 million in cash from the victim, as the borrowed money, and was transferred KRW 7 million in the name of the Defendant E bank account (number :F) on the same day.
2. On December 2017, the Defendant, who committed a crime around December 2017, via phone call from the above victim, extended KRW 17 million to KRW 17 million, even if he/she additionally lent KRW 17 million to the above victim, he/she would be paid KRW 27 million until January 10, 2018.
The Defendant made a statement to the effect that “The amount of debt incurred from a failure to invest in stocks reaches approximately KRW 260 million at the time, and only interest thereon ought to be paid in an amount equivalent to KRW 200 to KRW 3 million per month.” As such, even if the Defendant borrowed money from the victim, there was no intent or ability to repay the amount due. The Defendant, by deceiving the victim as above, was transferred KRW 10 million under the name of the victim as the borrowed money around December 28, 2017, and KRW 7 million under the same name as at December 29, 2017, respectively, from around January 24, 2018 to the E bank account (number Ga: G) in the name of the Defendant on March 24, 2018, the Defendant was transferred from the Defendant on January 24, 2018 to the Defendant’s name as of January 24, 2018.