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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
1. Fraud;
A. A. Around June 30, 2014, the Defendant stated that “Around June 30, 2014, the Defendant provided that “Around June 30, 2014, the Defendant borrowed KRW 25 million to the victim B” at a restaurant without knowledge of the name in the Seo-gu, Seo-gu, Seo-gu, Gwangju.
However, in fact, the defendant borrowed money to raise the D's operation funds, and there was no ability to prepare the cost of C's acquisition funds 500 million won.
In addition, since the D's operation of the defendant did not make profits, it was difficult for the defendant to raise funds for operating expenses.
Furthermore, since there was no particular property, the defendant did not have any intention or ability to complete payment even if he borrowed money from the victim.
Nevertheless, as above, the Defendant, by deceiving the victim and deceiving it, acquired KRW 25 million via the Agricultural Cooperative Account (Account Number E) in the name of the Defendant on the same day.
B. On December 11, 2014, around December 11, 2014, the Defendant stated, “Around December 11, 2014, at the victim’s house located in Seo-gu, Seo-gu, Gwangju, only one person died from the construction site. To raise criminal charges, the Defendant shall lend KRW 50 million to the bond business operator and pay KRW 5 million as interest per month. If the Defendant borrowed KRW 40 million, he/she shall pay the full payment of the bonds and KRW 25 million before January 30, 2015.”
However, the defendant did not need to prepare a criminal agreement because there was no person who died at the construction site.
In addition, as seen earlier, the Defendant did not have any intent or ability to complete payment even if he borrowed money from the victim.
Nevertheless, as above, the Defendant, by deceiving the victim and deceiving it, acquired 40 million won via the Agricultural Cooperative Account (Account Number G) in the name of the Defendant on the same day.
C. On February 27, 2015, the Defendant committed a crime around February 27, 2015, with the victim’s house around February 27, 2015.