A defendant shall be punished by imprisonment for not less than five months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Punishment of the crime
1. On September 5, 2013, the Defendant: (a) around September 5, 2013, around September 2013, at the H office operated by G, a branch of the victim F in Gangnam-gu, Seoul, the Defendant: (b) stated that “When the Defendant loaned money to the Defendant that there is a benefit of KRW 2-3 times from selling the dumped goods at present, the Defendant borrowed money to the Defendant; (c) that the principal would have been repaid after one month; and (d) that the interest would have been repaid after one month as a result of the dumping, and thus, be given a loan to the Defendant.”
However, in fact, the defendant did not think of the goods with the money borrowed from the victim, and was unable to repay the principal and interest of the money borrowed from G, so even if he borrowed money from the victim, there was no intention or ability to repay it.
Accordingly, on September 5, 2013, the Defendant, by deceiving the victim as above, received five million won from the victim to the new bank account (I) in the name of the Defendant on September 5, 2013.
2. On September 13, 2013, the fraud Defendant called the victim F with the phone from the French land on September 13, 2013, and read “on the part of the principal and profit after three (3) days after the sale of the set, if he/she borrowed money to B, he/she borrowed money.”
However, the defendant did not have any intent or ability to repay the above even if he borrowed money from the victim for the same reason as the above 1.
Accordingly, on September 13, 2013, the Defendant, by deceiving the victim as above, received 20 million won from the victim to the new bank account (I) in the name of the Defendant on September 13, 2013.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the examination of the accused by the prosecution (including the F part concerning the statement);
1. Application of Acts and subordinate statutes to a copy of the deposit details, a copy of the loan certificate prepared by the suspect, a copy of the loan certificate prepared by the suspect, and text message dialogueed with the suspect;
1. Article 347(1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts and the selection of punishment;