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A defendant shall be punished by imprisonment with prison labor 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, around January 21, 2009, at the victim G's house located in Gangnam-gu Seoul, Seoul, stating that "the husband in Gangnam-gu serves as the representative director of H, and the husband currently owns an apartment house under the name of the husband, and the house rental deposit currently living shall exceed 200 million won," and that "if he/she lends money to B, he/she will pay money, he/she will pay money by investing in the shares. If he/she lends money, he/she will pay one half of the profits, and even if he/she does not make profits, he/she will pay 20% interest per month and make a full payment." On the same day from the victim, he/she receives 20 million won from the victim to the account in the name of the defendant, and around May 4, 2010, he/she received 300 billion won from the victim's account in the name of 50 billion won, and he/she received the principal from the victim's account in the name of 500 billion won.
However, at the time of fact, the Defendant had no special property; however, at the time of the application for individual rehabilitation on the other hand, the debt has been continuously increased and, at the time of borrowing money from the victim, the debt owed to financial institutions and individuals was about KRW 480 million; and the Defendant was willing to use a considerable portion of the money borrowed from the victim for the repayment of the existing debt; thus, there was no intention or ability to pay the debt normally even if he borrowed money from the victim.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness G;
1. Details of passbook transactions, certified copy of the register, apartment lease contract, and apartment lease contract; and