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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. On April 1, 201, the criminal defendant against the victim C loaned only KRW 30 million to the victim C at the instant coffee shop located in Kim Jong-si on April 1, 201. The defendant would lend money to him/her within three months.
The phrase “ makes a false statement.”
However, there was no intention or ability to repay the money even if the money was borrowed from the injured party.
The defendant deceivings the victim as above and transferred KRW 30 million to the account in the name of D around April 8, 201 from the victim.
2. On May 9, 201, the Defendant against the victim E by telephone to the victim E at an unspecified place on May 9, 2011. The Defendant would lend money to the victim E within six months from the lending of money.
The phrase “ makes a false statement.”
However, there was no intention or ability to repay the money even if the money was borrowed from the injured party.
As above, the Defendant: (a) by deceiving the victim; (b) received from the victim to the account in the F’s name; (c) KRW 4 million on June 7, 201; (d) KRW 3 million on July 4, 201; (c) KRW 7 million on July 4, 201; and (d) KRW 15 million on July 11, 201.
3. On June 27, 2015, the criminal defendant against the victim G would use for 150 days and pay the said money to the victim G in front of the studio located in H, Kim Jong-si, by preventing the victim G from getting off money to 12 million won, if he/she loans money to the victim G, who is a female living together, and preventing him/her from returning the said money.
The phrase “ makes a false statement.”
However, there was no intention or ability to repay the money even if the money was borrowed from the injured party.
The Defendant: (a) by deceiving the victim as above; (b) transferred KRW 10 million to the account under the J’s name on June 29, 2015 from the victim; and (c) transferred KRW 2 million around June 30, 2015 from the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement protocol with respect to E, G, and C;
1. Application of Acts and subordinate statutes on transactions;
1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;