Text
A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2017 Highest 906]
1. On June 2016, the Defendant will subscribe to the Victim E to the 10 million won number system (the beginning on June 20, 2016) operated by the Party E in the vicinity of the DM located in Samg-si, C.
Along with the fact that there are two old units and two inner units of the Gu unit, and the main unit want to keep the fraternity in the back number, so it is different that the main unit can be withdrawn from the front number. On the receipt of the fraternity, the monthly payment will also be made in good faith.
“The purpose of “ was to make a false statement.”
However, the defendant, at the time of this case, has a financial obligation equivalent to approximately KRW 50 million, which is about KRW 50,000,000,000, and only such interest is required to pay KRW 500,000,000,000, and there was no intention or ability to pay the monthly payment even if he joined the system and received the fraternity.
Nevertheless, the Defendant joined the fraternity operated by the victimized person and received the accounts of KRW 2,054,00,000,000 on June 20, 2016 and KRW 1,054,00 on September 20, 2016 (time 40,000,000) from the victimized person.
Accordingly, the defendant was given property by deceiving the victim.
2. On October 2016, the Defendant called the victim E at a non-permanent location not exceeding the Dondong-si, Dondong-si and subscribed to the 10 million won number system (the beginning of October 25, 2016) of the 10 million won number system operated by the party.
Along with the fact that the internal and internal branch of the Gu can join one unit, and since the branch of the Gu wants to set aside the fraternity with the back number, it is different from that of the front number. When receiving the fraternity, it will also be paid in good faith.
“The purpose of “ was to make a false statement.”
However, the defendant, at the time of this case, has a financial obligation equivalent to approximately KRW 50 million, which is about KRW 50,000,000,000, and only such interest is required to pay KRW 500,000,000,000, and there was no intention or ability to pay the monthly payment even if he joined the system and received the fraternity.
Nevertheless, on October 25, 2016, the defendant joined a system operated by the damaged person, and the damaged person's KRW 10 million (the net time) and KRW 1.0 million.