beta
Text
A defendant shall be punished by imprisonment for six months.
except that 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 came to know with the victim E while putting off the Dives located in Changwon-si Mucompo-gu C.
Around September 21, 2011, the Defendant stated that “I will complete payment within two months with a scopic and scopic statement,” that “I will operate a tourist bus by leaving the bus. I will lend money to use the vehicle rapidly. I will receive profits from the work during that period.”
However, at the time, the Defendant did not have entered a tourist bus, and the Defendant paid KRW 3 million monthly rent while leasing and operating a vehicle owned by “F”. However, from April 201, the Defendant was unable to pay rent for the said company since he was unable to properly operate the bus on the grounds of disease treatment, etc., and around June 201, there was no balance of the deposit amount to be refunded, which was deducted from the lease deposit amount to KRW 6 million. Although the Defendant had a credit for medical expenses, H, and I, but had not been repaid since it had not been repaid over several years, there was no intention or ability to collect the loan from the victim. As such, even if the Defendant borrowed money from the victim, there was no intention or ability to pay the rent.
The Defendant, by deceiving the victim as above, obtained 10,000,000 won from the Gyeongnam Bank's capital account under the name of the Defendant at the Changnam Bank's Dobong-dong, Changwon-si, Changwon-si.
Summary of Evidence
1. Prosecutions and police interrogation protocol of the accused (including substitute part);
1. Application of Acts and subordinate statutes on police statement to E;
1. Article 347 (1) of the Criminal Code of the relevant criminal facts provides that the criminal defendant shall be recognized as having borrowed money as if he/she were to repay in spite of the fact that he/she had no intent to repay or had no ability to repay within the due date for repayment promised at the time of borrowing.