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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
The Defendant operated a mobile phone agency with the trade name “E” in the D underground located in Daegu Jung-gu, Seoul.
From around 2012, the Defendant had difficulties in managing the mobile phone agency, and began to use the loan from F, a bond broker, around January 2012. On or around December 2012, the Defendant had no intention or ability to pay the loan even if he/she borrowed money from F, such as KRW 70 million with respect to F, KRW 20 million with respect to G, and KRW 35 million with respect to H, and he/she had no intention or ability to pay the loan.
Nevertheless,
1. On December 2012, 2012, the Defendant stated that “The Defendant, in a mutual infinite coffee shop located in Daegu-gu, Daegu-gu, there was a sales store with a deposit of KRW 50 million, which was placed in the City, the sum of the deposit and the premium to the extent of KRW 80,000,000,000,000,000,000,000 won.”
The Defendant, on December 3, 2012, transferred KRW 50 million from the victim to the Daegu Bank (J) account on December 3, 2012, and acquired the money by fraud.
2. On December 17, 2012, the Defendant would pay back with a loan of KRW 50 million, as he/she sold, if he/she loans KRW 10 million to the victim by telephone around December 17, 2012.
‘A false statement' was made.
The Defendant received KRW 10 million from the victim to the Daegu Bank (J) account on the same day on the same day, and acquired it by fraud.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of a witness I;
1. Partial statement of the protocol concerning the examination of the accused by the prosecution (including the I's statement);
1. A copy of a specification of transactions;
1. According to the evidence duly adopted and examined by this court, the defendant was making a loan to a mobile phone agency from around 2012 due to difficulties in managing the mobile phone agency, and the victim is the victim.