beta
Text
A defendant shall be punished by imprisonment for not less than eight 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
Punishment of the crime
1. On November 2017, the Defendant made a false statement to the victim B, stating that “The Defendant would have a 10 million won loaned to the victim B by leaving the phone at a place that is not a policeman.”
However, in fact, the defendant was in a situation of raising living expenses by means of the so-called return prevention, such as receiving a credit card loan at the time and making a repayment for the prior loan with another credit card, etc., and whether or not he/she was in the name of his/her husband, or it is unclear whether or not he/she can repay the debt to the victim with the disposal money, so even if he/she borrowed money from the victim, there was no intention or ability to pay it.
The Defendant acquired money from the victim to the Cbank account in the name of the Defendant by remitting the amount of KRW 2.5 million on November 2, 2017, and KRW 7.5 million on November 8, 2017.
2. On December 2017, the Defendant made a false statement that “I will complete insurance proceeds by lending KRW 10,000,000 to the victim, while I need to perform a neck disc operation at an influence place.”
However, in fact, the Defendant thought that the Defendant borrowed money from the victim as living expenses or credit card payment, etc., and used it as living expenses with the credit card loans at the time, and was raising living expenses by means of the so-called refund, such as paying the prior lending by another credit card, etc., so there was no intention or ability to pay such money even if the Defendant borrowed money from the victim.
The Defendant acquired money from the victim by transfer of KRW 4.8 million on December 8, 2017, and KRW 5 million on February 8, 2018 from the victim to the Cbank account under the name of the Defendant.
3. On January 2018, the Defendant, who acquired the same living debt, was 50 million won or more by taking the victim’s “ home shopping at an influent place.”