Text
A defendant shall be punished by imprisonment for not less than eight 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
Punishment of the crime
1. Fraud against the victim B;
A. On March 26, 2020, the Defendant stated that “The Defendant would have repaid KRW 20 million to the Plaintiff KRW 5 million for four months each on the 30th day of each month when he/she lent KRW 15 million to the Plaintiff’s wife, who was aware of the Pyeongtaek-gu Office C located in Suwon-si, to the Defendant’s branch of the Victim B, who was aware of his/her reputation.”
However, the defendant did not have any intent or ability to pay the principal and interest according to the promise even if he borrowed money from the damaged person due to the absence of certain income or assets at the time.
Thus, the defendant was accused of the victim as above and was transferred to the national bank account (D) in the name of the defendant on the same day from the victim.
B. On April 8, 2020, the Defendant lent KRW 10 million to the victim with phone calls to “to prepare accommodations for the people on the construction site,” and provided that he/she would receive the settlement money on the 30th of each month.
However, even if the defendant borrowed money from the injured party, the defendant did not have the intention or ability to pay the money by receiving the fixed amount as the promise.
Thus, the defendant was accused of the victim as above and was transferred to the national bank account (D) in the name of the defendant on the same day from the victim.
2. Fraud to victims E;
A. On April 15, 2020, the Defendant loaned 1.2 million won to the victim E in the coffee shop, “G” located at one story of Suwon-si F1, Suwon-si, 2020, in order to prepare a lodging for those who work at the site of Pyeongtaek-si,” and thereafter repaid 1 million won on May 10, 2020.
6. From 10,000 won to 5 million won a month, false statement was made.
However, the defendant did not have any intent or ability to pay the principal and interest according to the promise even if he borrowed money from the damaged person due to the absence of certain income or assets at the time.
Therefore, the defendant deceivings the victim as above.