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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant, from around 201 to May 2014, operated a main point in C with the trade name “D” in the period of residence from around 2011 to around 2014, and, as a result, from around early 2013 to around 40 million won, there was no intent or ability to repay the principal or interest even if he/she borrowed money.
1. Around December 19, 2013, the Defendant made a false statement to the effect that “Around December 19, 2013, the Defendant posted a phone call to the victim E, who is a branch of the above main points, with the intention to collect interest on a loan of KRW 30 million.”
However, the Defendant did not have the intent or ability to pay the interest and principal properly even if he borrowed money from the victim, because the Defendant was in excess of the above obligation.
The Defendant, by deceiving the victim as above, received KRW 29,00,000 from the Agricultural Cooperative Account under the name of the suspect for the same day as the loan money from the victim.
2. Around December 24, 2013, the Defendant made a false statement to the effect that “Around December 24, 2013, 2013, the Defendant got a phone call from the above main points to the victim E, thereby lending KRW 10 million to the victim E.
However, the Defendant did not have the intent or ability to pay the interest and principal properly even if he borrowed money from the victim, because the Defendant was in excess of the above obligation.
The Defendant, by deceiving the victim as above, received 9,600,000 won from the Agricultural Cooperative Account under the name of the suspect for the same day as the loan money from the victim.
3. Around February 20, 2014, the Defendant made a false statement to the effect that “F, who lives with the Defendant, is expected to operate the interior shop in Seoul, would make the victim E with a telephone, and 10 million won need to be loaned at its interior cost, and if necessary, he/she will pay the interest at any time.”
(b).