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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
1. On September 21, 2016, the Defendant stated that “the victim B shall have a ethm funeral service well and is difficult to do so. It is not easy for customers, but it will be paid after one month after the amount calculated on the card. If the Defendant borrowed KRW 10 million, it will be used as operating funds, and it will be paid as the card price settled after one month.”
However, in fact, the defendant was the plan to use the borrowed money borrowed from the victim as the Internet gambling fund, and there was no intention or ability to pay the borrowed money with operating profit after using the borrowed money as the operating fund.
The Defendant, by deceiving the victim as above, received a total of 10 million won, including the sum of 5 million won on the 22th of the same month and 5 million won on the 23th of the same month from the victim’s account (Account Number: E) designated by the Defendant from the victim.
2. On September 29, 2016, the Defendant, using the Defendant’s mobile phone, was in contact with the said victim, and the victim was under contact with him at a gambling place with money borrowed from him, and the victim was under control of the police, and the said money was seized, and there was no money at present. This money is additionally borrowed in an amount of KRW 2 million. The Busan-do has been operating the office and the office in Jeju-do. At this place, the amount of money may be prepared to the extent that it will fully pay the borrowed money from his relative-gu to the present day. On the other hand, the Defendant sent a text message stating that “On the other hand, it can be repaid in full at once within the time that he first borrowed 10 million won.”
However, in fact, the defendant only used the borrowed money from the victim as the Internet gambling fund, and was a plan to use the borrowed money as the Internet gambling fund by lending additional money from the victim.
The defendant deceivings the victim as above and is designated by the defendant from the victim.