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A defendant shall be punished by imprisonment for not more than ten 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
"2018 Highest 421"
1. On June 2015, the Defendant made a false statement to the effect that “The Defendant, at the early 2015 Francing place, visited the victim B, who operates an agricultural corporation D in Seo-gu Incheon, Seo-gu, Incheon, and operates the Franc, “G,” and, at the same time, would settle the accounts once every 7th day or 15th day of the month when the dressed land is supplied.”
However, at the time of fact, the Defendant was liable for financial institutions worth KRW 88 million due to various loans, card arrears, etc., and in addition, there was no intention or ability to settle it even if it is supplied by the victim even if it is delivered with fixed land, etc. by the victim, since there was a circumstance where the Defendant, including personal bonds, etc. related to loans and gambling, was personal debts, etc. related to the loan and gambling, and the debt of financial institutions, etc. was combined with the debt amounting to KRW 200 million.
Nevertheless, the Defendant, as seen above, by deceiving the victim, and deceiving him from the victim by means of supply, etc. of the emotional distress of approximately KRW 2,423,840, which is the sum of KRW 2,423,840, around June 11, 2015.
This is derived from this, from that time until September 24, 2015, the Defendant received a total of KRW 38,353,557 supply from that time to that time in the same manner as indicated in the attached list of crimes.
Accordingly, the defendant was given property by deceiving the victim.
2. Around May 25, 2016, the Defendant made a false statement to the effect that “A victim H who was engaged in an act related to refined meat brokerage at an influent place below the Gyeonggi-si, Gyeonggi-do, would settle the price for the delivery of refined meat.”
However, at the time of fact, the defendant is also obligated to pay approximately KRW 47 million to financial institutions, etc. in addition to the outstanding debt to B, as described in the above Paragraph 1.