Text
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2016 Highest 8492] The Defendant called the victim D at a place where it is not possible to know the place of the first police officer on August 2015, 2015, and tried to take the place of entertainment.
The acquisition price was KRW 120 million, which was paid in advance, and KRW 80 million out of which was paid in advance, and the remainder of the acquisition price was lent from September 2015 to the effect that the loan obligation is to be repaid by way of paying KRW 5 million per month from September 2015.
The Defendant was transferred from a person who believed to do so, to a bank account in the name of E, KRW 1 million around August 13, 2015, KRW 10 million around the same month, KRW 10 million around the 17th day of the same month, KRW 10 million around the 18th day of the same month, KRW 24 million around the 19th day of the same month, and KRW 45 million around the 19th day of the same month.
However, at the time, the Defendant had no particular property, while it was difficult for the Defendant to take economic measures, such as making a debt amounting to KRW 360 million, and was planned to use KRW 45 million from the injured party for the purpose of gambling funds or the repayment of the existing obligation, and did not intend to use it for the purpose of the acquisition price of entertainment points. Therefore, even if the Defendant borrowed the above money from the injured party, there was no intent or ability to use the borrowed money for the purpose of using it for the purpose of the acquisition price of entertainment points.
Accordingly, the defendant was given property from the victim by deceiving the victim.
[2017 Highest 2153] On October 23, 2015, the Defendant changed the victim H to the “G” restaurant located in F in Seopopo City, Seopopo City, Seopopo City on October 23, 2015 (hereinafter “G”) the amount of KRW 20 million in the mester 20 million to work as an employee of the I Gaporan’s danran. The parent’s house becomes beyond the auction and the money needs to be paid.
In advance, 20 million won will be changed by 500,000 won per month while making a face in advance.
First of all, the 1.6 million won higher was first lent, and the 1.6 million won was false.
However, the Defendant had no particular property or claim, and had already borne the obligation to pay KRW 00 million, and even if he borrowed money from the injured party under the pretext of advance payment, the victim's main point is the victim.