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Defendant shall be punished by a fine of three million won.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
On October 2014, the Defendant, at the residence of the victim B located in Yangsan-si, Yangsan-si, the Defendant, “D, the husband of his husband, operates the marina,” and invested KRW 10 million in the operation of the store, the Defendant would have the profits of KRW 2.5 million per month.
In the absence of money, if the loan is granted through the lending company, the profit will be paid if the loan is lent.
“......”
However, in fact, the Defendant did not have the intent or ability to pay profits by investing in the operation of a business establishment where the Defendant borrowed money from the damaged party, and the Defendant did not have certain income or property, thereby making such false statement for the purpose of using the money borrowed from the damaged party for the cost of living.
Around October 8, 2014, the Defendant: (a) by deceiving the victim as above; (b) transferred KRW 1.2 million to the Nonghyup Bank account (Account Number E) in the name of the Defendant; and (c) received KRW 8.8 million in cash from January 27, 2015 to January 27, 2015, the Defendant received delivery of KRW 19 million in total from the victims on three occasions, such as the entry in the list of crimes in the attached Table.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against B;
1. Details of text messages and account transactions;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the crime, the selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;
1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., reflectiveness, beginning crimes, agreement, etc);