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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 one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On April 2015, the Defendant made a false statement to the victim F, victim G, and victim H that “I will pay any interest on any money that I would like to lend money while I have a building and are running a business.”
However, there was no intention or ability to lend money to the defendant even if the defendant received money from the injured party.
As seen above, the Defendant: (a) received KRW 85,00,000 from May 8, 2015 to February 24, 2016 from the victim F to the Defendant’s agricultural bank account in the name of the Defendant; (b) received KRW 95,85,00 from May 26, 2015 to February 3, 2016 as the victim G; and (c) received KRW 30,00,000 from the victim H for a loan from around September 8, 2015 to January 4, 2016 to receive KRW 210,85,000 in total by receiving KRW 30,00 from the victim H for a loan.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to F and G;
1. Application of the details of transfer, account transaction (A’s account account I), account transaction details (A’s account J), account transaction details (A’s account M), account transaction details (A’s account K1), national bank account transaction details (G) and (C) transaction details, written inquiries about financial transaction details (G’s husband L) law
1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is the larger amount exceeding KRW 200,000,000: Provided, That it shall be considered that agreement or complaint has been cancelled with the victims, that is the primary criminal of the defendant, and that it is against the law