Text
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
around November 12, 2014, the Defendant: “C” in a mutually financed business office of Liri-si, “C” located in Gui-si B; “C shall be liable for the loan from the victim D, who is a third-class disabled person, with a mental retardation,” and “C shall be liable for the loan from the victim’s name.” The Defendant received 23 million won from the victim as security loan from the victim’s name.
In addition, around November 21, 2014, the Defendant obtained a loan of KRW 4.5 million from the above “C” in his/her name at the above location and offered the lending owned by the victim as security.
Around December 16, 2014, the Defendant continued to borrow loans owned by the victim from the victim as collateral at the above location, and received 7 million won from the victim under the name of the victim.
However, at the time, the Defendant had already been liable for the amount equivalent to KRW 30 million, and even if he had been granted a loan using a victim-owned loan, he did not have the intent or ability to pay the loan properly, even if he did not have any special property.
As a result, the defendant defrauded the victim with cash of KRW 30 million from the victim, and made the victim pay the amount equivalent to KRW 4.5 million on behalf of the defendant, thereby acquiring financial profits equivalent to the same amount.
around August 2014, the Defendant stated that “The telecommunication fee shall be paid in the face-to-face via the opening of the cell phone in four names” from the F mobile phone sales store located in Namyang-si E, Namyang-si.
However, the defendant had already been liable for the amount equivalent to KRW 30 million at the time, and there was no certain profit or property, so even if he has opened a mobile phone from the victim, he did not have the intention or ability to pay the amount properly.
The defendant belongs to this.