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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. Around May 30, 2007, the defrauded of the victim C made a false statement that “If the victim, at the defendant’s house located in Gwangju Northern-gu, a North Korean defectors, called the victim by phone, “in the restaurant, there is an insurance money of 18 million won.” If the victim borrowed money to B, he/she made an investment in the money that he/she borrowed with the insurance money to another person so that he/she will not interfere with the interest, and the principal will be paid at a rapid time.”
However, there was no restaurant operated by the Defendant, and there was no fact that the Defendant received insurance money of KRW 180,000,000,000 from the victim, and even if the Defendant received money from the victim, he thought to use the money as his own cost of living, etc., and there was no intention or ability to pay the money.
As such, the Defendant, by deceiving the victim, received KRW 20 million from the Agricultural Cooperative Account (Account Number E) in the name of the Defendant on the same day from the victim, and took over KRW 20 million from around that time to August 6, 2010, through a total of KRW 21 million, as shown in the attached Table 1, from around that time.
2. Around May 30, 2007, the Defendant called the victim, who was the North Korean defectors at the above Defendant’s office, to make a false statement on May 30, 2007, stating that “A foreigner is not an installment savings with a high interest rate, but an installment savings in the name of Korean national, and thus, upon receiving benefits, he/she would make a transfer to B.”
However, even if the victim receives money from the victim, he/she thought that he/she would use the money for his/her own cost of living without depositing it into the account of installment savings in the name of the defendant, and there was no intention or ability to pay the money.
As such, the Defendant, by deceiving the victim, received 2 million won from the Agricultural Cooperative Account (Account Number E) in the name of the Defendant on the same day, and transferred 20 million won from around that time to January 12, 201, together with 20 times in total, as shown in the attached List 2.