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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On June 30, 2015, the Defendant: (a) at the Defendant’s office located in Guri-si, Guri-si; (b) “In the event that the Defendant was awarded a successful bid for the commercial buildings in Gangnam-gu, Seoul, but the bid price is insufficient; and (c) borrowed KRW 10 million, he/she will receive the successful bid for the commercial buildings and repaid it
“A false statement” was made.
However, the defendant did not receive a successful bid, and even if he borrowed money from the victim, he did not have any intent or ability to pay the victim's money because he was expected to use it as living expenses, other debts, etc.
The defendant deceivings the victim as above and was transferred KRW 10 million to the Agricultural Cooperative Account (E) in the name of the defendant on the same day from the victim.
2. On July 23, 2015, the Defendant borrowed 10 million won as the expenses of the Plaintiff’s family hospital in the same place as that of paragraph (1) at around July 23, 2015, the Defendant will use the Plaintiff’s “Ise-gu Ise-gu Ise-gu Ise-gu Ise-gu
It is soon paid with the signboard price.
“A false statement” was made.
However, in fact, the defendant did not have received the request from the relative to lend the hospital fee, and even if he borrowed money from the victim, he did not have the intention or ability to pay it.
The defendant deceivings the victim as above and was transferred KRW 10 million to the above Agricultural Cooperative Account under the name of the defendant on the same day from the victim.
3. On August 18, 2016, the Defendant: (a) at the same place as that of paragraph (1) around August 18, 2016; and (b) at the victim’s house with a house at a price of five million won higher than the market price, the Defendant would receive a loan from the Defendant as security, with a house at a house where the house owner had a house at a price of five million won.
“A false statement” was made.
However, in fact, the owner of the house of the defendant did not pay the house as a thing, and even if he borrowed money from the victim, the defendant intended to use the money for other purposes, such as living expenses, etc., so he/she has the intention or ability to pay the money to the victim.