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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. On June 4, 2017, the Defendant made a false statement to the effect that “the husband, who is a police officer, has a problem of money and borrowed 4 million won,” in the vicinity of the victim C’s residence in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu.”
However, in fact, the Defendant intended to borrow money to repay personal debts, and did not have any relation with the husband of the Defendant. While the Defendant was liable for personal debts of 50 million won or more, the Defendant was merely 700,000 won per month, and was merely her income, and was in a situation called “refiscing” to borrow money at other places for debt repayment, so there was no intention or ability to repay the money even if she borrowed money from the victim.
Nevertheless, the defendant deceivings the victim as above, and 4 million won was transferred from the victim to the E-bank account in the name of her husband D (F).
2. On June 7, 2017, the Defendant concluded that “Around June 7, 2017, the Defendant would lend money to the victim with a maturity of KRW 25 million because it is necessary for the beneficiary to pay a certain amount of money, and thus, he/she would lend money to the victim as interest-free if he/she recovered the investment money around October 26, 2017.”
However, even if the Defendant borrowed money from the victim, it did not have any relation with the preparation of the investment money, and as seen above, the Defendant did not have any intent or ability to repay the borrowed money even if it was promised to the victim, on October 26, 2017.
Nevertheless, the Defendant, as seen above, by deceiving the victim, and then deceiving the victim from the victim on June 7, 2017; KRW 3 million on June 8, 2018; KRW 2 million on June 12, 2017; and KRW 14 million on June 19, 2017; and acquired it through the said E-bank account in the name of D.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Each certificate of borrowing;