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A defendant shall be punished by imprisonment for 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
1. Fraud;
A. On December 19, 2018, the Defendant: (a) told the victim B’s son of Echeon-ro, Leecheon-ro, 1200, to take advantage of his intellectual ability to obtain money from the victim; and (b) calls the victim for the victim to obtain money by using the victim’s son’s son’s son’s son’s son’s son’s son, thereby sending money to C because C did not have to open the said mobile phone because he did not pay a fee or charge.”
However, the defendant thought that he would use the money received from the victim as personal debt repayment or living expenses, etc., and there was no two mobile phones from C, and C did not have any way to open the mobile phone because C had no charge or charge.
Nevertheless, the Defendant received from the victim the sum of KRW 2 million around 15:12 on December 19, 2018 and KRW 1 million on December 26, 2018 from the victim’s bank account in the name of the Defendant.
B. Around December 31, 2018, the Defendant called the victim at the same place, and again called the victim’s “as soon as possible at the time of the C punishment. The agreement amount and medical expenses are changed.”
However, in fact, the defendant thought that he would use the money received from the victim as an individual debt repayment or living expenses, etc., and C did not know that he was the defendant or that he was the defendant promptly.
Nevertheless, the Defendant received from the victim the sum of KRW 35 million in total, around January 2, 2019, around 09:40, around 15 million, and around 11:55, around January 7, 2019.
Accordingly, the defendant was given property worth KRW 38 million by deceiving the victim.
2. On January 7, 2019, the Defendant attempted to commit fraud, at the house of the above C, located in F in Echeon-si, and used C’s mobile phone, and caused an accident while driving a Marina car.
70 million won or more shall be given in money.