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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
[Judgment of the court below]
1. On January 30, 2015, the Defendant, at around 22:00 on January 30, 2015, told the victim E to “I will pay 2.5 million won as I need to pay money,” by phoneing to the victim E within the mutual influence entertainment establishments located in the Gosung-gun, Gosung-gun, Kim Sung-gun.”
However, the defendant did not have any intention or ability to pay the money even if he borrowed money from the victim due to the absence of certain income or assets.
The Defendant, by deceiving the victim as such, received 2.5 million won from the victim’s post office account (F) in the name of the Defendant on the same day.
2. On June 3, 2016, the Defendant: (a) called, around 08:00 on June 3, 2016, the Defendant called, “Around 08:00, the Defendant called, “Around 03, the Defendant would immediately repay the amount of funds if he moves from the H amusement tavern he works in the Republic of Korea to another main office.” (b) the Defendant called, “Around 2:300,000 won, if he/she lends KRW 4 million to another main office.”
However, in fact, the defendant did not have any settlement money to be paid to entertainment taverns, and even if he borrowed money from the victim due to the absence of certain income or assets, he did not have any intention or ability to pay it.
The Defendant, by deceiving the victim as such, received 4 million won from the victim to the account of community credit cooperatives (I) in the name of the Defendant on the same day.
3. The Defendant of the crime committed on June 7, 2016, at around 03:00 on June 7, 2016, called, “on the phone call from the above G Building 303, and the victim C, saying, “on the phone call from the victim C, it is urgently needed to use the carto be used for the carto be used. If the Defendant borrowed KRW 300,000,000,000,000,000,000.”
However, in fact, the defendant did not have any circumstance to pay money to the employee, and even if he/she borrowed money from the victim without certain income or assets, he/she did not have any intention or ability to pay it.
As such, the Defendant deceivings the victim, and thereby, up to three million won from the account of community credit cooperatives in the name of the said Defendant on the same day.