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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
1. On March 25, 2015, the criminal defendant against the victim C told the victim C to the effect that “The money is urgently needed to apply for an apartment house” to the victim C. It does not have any problem to repay because there is deposit and vehicular road.”
However, the Defendant had a debt of KRW 100 million at the time and operated the funds by the so-called “return prevention” method using another loan to repay the obligees’ debts to the creditors, so there was no intention or ability to repay the funds even if the Defendant received the funds from the injured party.
The Defendant, as above, received KRW 3,860,00 from the victim C to the account in the name of the Defendant on the same day, and acquired a total of KRW 36,860,000 from around the same day to November 10, 2016, by transfer from the victim three times in total, such as the list of crimes in the attached Table.
2. On November 10, 2016, the criminal defendant against the victim D calls the victim D from Ulsan-gu, Ulsan-gu, Seoul-gu, and "if he/she lends 10 million won to require the money, he/she shall pay it with interest, and he/she shall pay it within six months.
“.....”
As such, the defendant did not have any intent or ability to pay the amount even if he received the amount from the injured party, since it was in excess of his obligation as stated in the above Paragraph 1, and it was thought that he would use it to repay his obligation, and it was not expected that he would have to pay the amount.
The Defendant acquired 10,000,000 won from the victim of the same day through the account in the name of the Defendant by deceptive means as above.
Accordingly, the defendant deceivings victims and acquired a total of 46,860,000 won.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made with respect to C and D;
1. Details of each entry fee transaction, debt certification sources, each written confirmation, recording, photographs, books, and dialogues;