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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
On October 25, 2010, the Defendant made a false statement that “The Defendant would receive monthly pay from the victim D by telephone at the clothing store operated by the Defendant at the head office of the department store in Jung-gu, Seoul.”
However, in fact, the Defendant did not have any intention or ability to pay money even if he borrowed money from the victim because the Defendant had a KRW 5 million fund, opened the clothing store to the department store, and was under circumstances to lend the bonds to the employees.
Nevertheless, the Defendant, by deceiving the victim as such, received KRW 1 million from the victim to the single bank account under the name of the Defendant on the same day, and from around that time to June 23, 2014, the Defendant acquired property profits equivalent to KRW 9,930,00 in total from 21 times to 13,323,639 in the form of money by borrowing the credit card owned by the victim F from the victim’s bank account.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the suspect examination of the accused;
1. Statement of each police statement related to C, F, and D;
1. Each complaint;
1. Application of Acts and subordinate statutes to a report on investigation (teleline statement), a report on investigation (amount of money granted under the name of interest), and a report on investigation (Listening to a complaintD telephone statement);
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Suspension of execution under Article 62 (1) of the Criminal Act (Considering circumstances, such as the fact that he/she is repenting, has no criminal record of imprisonment without prison labor or heavier punishment, has agreed smoothly with the victim F, has paid an amount equivalent to the interest, has been paid to the victim D as interest, and has paid faithfully the remaining amount of damage in the future);
1. Social service order under Article 62-2 of the Criminal Act;
1. Orders for compensation and orders for compensation;