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The defendant shall be exempted from punishment.
Reasons
Punishment of the crime
[criminal record] The first preceding offense case: the judgment that violated the Special Act on the Settlement of Traffic Accidents, etc. sentenced on April 11, 2018: Imprisonment with prison labor for one year/ suspended execution, two years of taking lectures, 40 hours of community service, and 120 hours: The second preceding offense case that became final and conclusive on April 19, 2018: the judgment that violated the Guarantee of Automobile Compensation Act that was declared on May 31, 2018: the lapse of exemption: The final and conclusive judgment on June 8, 2018 / [criminal] the defendant was temporarily set away as a Chinese house delivery employee operated by the victim B (3).
1. On December 2014, the Defendant made a false statement to the Dagwon-si, Changwon-si, that “The Defendant would refund the credit card value to the victim within one month if he/she lent KRW 1.2 million to the victim.”
However, the defendant did not have any intention or ability to pay the amount even if he borrowed money from the injured party, such as overdue payment of credit card payment, due to the absence of a certain occupation at the time.
The Defendant, as such, by deceiving the victim, received KRW 200,000 from the damaged party immediately in cash, and received KRW 1 million from the Defendant’s wife E account around January 7, 2015.
2. On May 2017, the Defendant made a false statement to the effect that “The Defendant would have repaid this money within a half-year period, on the ground that “The Defendant would have been repaid to the Defendant on the ground that he would have been able to do work at another Chinese house, and would have been 4.3 million won from another Chinese house.”
However, the defendant did not have an intention or ability to repay even if he borrowed money from the injured party because he had suffered economic difficulties such as overdue payment of credit card price due to the absence of living cost.
The Defendant, as such, by deceiving the victim, received a remittance of KRW 4.3 million from the victim’s account in the name of F around May 9, 2017.
Summary of Evidence
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