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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Criminal facts
On September 20, 2011, the Defendant was sentenced to a suspended sentence of six months at the Jeonju District Court for criminal fraud, and is currently under the suspended sentence, which became final and conclusive on September 28, 2011.
1. Around July 10, 2010, the Defendant: “Around July 10, 2010, the Defendant provided the Victim C with the payment of the interest (10% interest on the 15th day) that was paid at the time of the lending of the money to B; and (2) that the borrowed money would have to be repaid.”
However, in the course of operating the skin management office at the time, the monthly income was 100,000 won, and there is no other property, the Defendant spent the monthly income of 80,000 won in each part of the management office and 4,50,000 won in each part of the dwelling, respectively. As such, even if the amount borrowed from D, E, F, etc. exceeds a total of 100,000 won, the Defendant did not have any intent or ability to pay the money normally after consuming the amount with interest, etc. on the monthly income and personal debt.
Nevertheless, the Defendant, by making such a false statement, deceiving the victim, and was given KRW 20 million by the victim as a loan.
2. Around January 13, 2011, the Defendant told the Victim C to the effect that “I will pay in two times the interest if I would like to pay in two times the interest if I would like to have the land owner operate the steel business. I would need to pay in advance, if I would have borrowed money.”
However, the Defendant was unaware of the person engaging in steel business and did not have the intent or ability to leave the said money with the said money. Moreover, the Defendant was thought to consume the money borrowed from the victim as interest, etc. on monthly rent and personal debt because his/her property status is not good, and thus, the Defendant did not have any intent or ability to repay the said borrowed money normally.
Nevertheless, the Defendant, by making such a false statement, deceiving the victim, and was given 45 million won as a loan borrowed from the victim.
This is the defendant.