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A defendant shall be punished by imprisonment for six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On November 28, 2016, the Defendant made a false statement to the victim D’s “C” retail store located in Sacheon-si B, with the Defendant’s operation “C” on November 28, 2016, to the effect that “it is necessary to include goods in C, and to pay money with her husband’s business funds and credit card bills. It is necessary to lend KRW 5 million to Busan and Sacheon, an apartment house with 200 million, and the maturity of KRW 250 million of the E bank’s regular deposit deposit return to the Defendant on July 2017.”
However, at the time, the Defendant had apartment houses worth KRW 580 million in total in Busan and Sacheon, but had been responsible for debt worth KRW 520 million in total with bank notes, and was unable to repay a large number of personal debts. Furthermore, there was no certain amount of income due to Defendant’s operation of “C” and “F”, and there was a lack of money to cover loans, interest, living expenses, etc., and E bank did not have regular deposits worth KRW 250 million. Thus, even if the Defendant borrowed money from the victim, there was no intention or ability to repay the money.
Nevertheless, the Defendant deceiving the victim as above and received KRW 5 million from the victim to the E bank account (Account Number G) in the name of the Defendant on the same day and received KRW 46.9 million in total nine times from around that time to July 26, 2017, as shown in the annexed Crime List.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness D;
1. Application of Acts and subordinate statutes on deposit transactions;
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. It is so decided as per Disposition on the grounds that the suspended execution is more than Article 62 (1) of the Criminal Act (i.e., most of the damages);