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A defendant shall be punished by imprisonment with prison labor for not more than ten months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. The Defendant against the victim C is a person who operated the “E” that sells rice, fruits, etc. from August 2006 to September 2008, 2008.
around August 2006, the Defendant, from the commencement of the operation of the above “E”, operated the business in such a way as to supply and sell goods on credit without any particular property on credit and pay the credit amount with the proceeds of the business. However, since August 2007, the financial standing has deteriorated as soon as the Defendant had experienced difficulties in collecting the proceeds.
Since the total amount of debts, such as the rice price, debts of financial institutions, and deposits to be returned at the end of July 2008, has reached 48 million won, there was no intention or ability to repay them even if they have borrowed money from the victim C.
Nevertheless, on August 5, 2008, the Defendant made a false statement stating that “The Defendant shall pay the card price to the victim” at the above “E store,” and then, he shall lend money to the victim, who is aware that he would have to pay money after paying the card price.”
Around the 6th of the same month by deceiving the victim as above, the defendant was transferred KRW 1.5 million to the national bank account (F) in the name of the defendant from the victim.
2. Around August 2, 2008, the Defendant against the victim G made a false statement to the victim G at the above “E store,” stating, “I snick about to pay the price on the day following the day on which he supplies spores, and deliver spores.”
However, as described in the above Paragraph 1, the defendant suffered difficulties in collecting the proceeds from August 2007, and even if he suffered financial difficulties, he aggravated the amount of financial standing.
Since the total amount of debts such as the payment of accrued rice on July 2008 reaches KRW 48 million, there was no intention or ability to pay the amount normally even if the amount is supplied from the injured party.
Defendant deceiving the victim as above and was supplied with a range of 6,188,000 won in total from around that time to around 20th of the same month.
3. The criminal defendant against the victim H was guilty on April 30, 2009.