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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The Defendant against the victim B was a person who operated the “D Mt” in Suwon-si, Suwon-si, and the victim was a former employee of D Mt's static copon.
Around May 30, 2014, the Defendant made a false statement to the effect that “The Defendant would receive the payment of the purchase price in D Mart if he/she borrowed money due to lack of the cost of down payment in order to dispose of D Mart and take over the F Mart in E,” and then, he/she tried to take over H Mart in G market instead of taking it over from the above D Mart convenience store around June 26, 2014.
In addition, a false statement was made to the effect that the loan was made at a time when the loan was made, 10 million won, as well as KRW 10,000,000,000, and the monthly interest would be paid, and then H Mart would be sold and leased another Mart at a container for the container of the YM, and that 45,00,000,000 won loan was made.
However, the Defendant, at the time of H Mart acquisition, was in excess of the obligation to pay 300 million won or more to the Credit Guarantee Fund without any particular property, including the loan of 200 million or more to the Credit Guarantee Fund. Therefore, even if the Defendant borrowed money from the injured party, he did not have the intent or ability to take over and operate the Mart or to repay the borrowed money as agreed upon.
Around June 2, 2014, the Defendant received from the injured party the delivery of KRW 10 million in the New Cooperative account in the name of the Defendant, and KRW 32 million in the face of a check on June 26, 2014, as the check around June 26, 2014.
Accordingly, the defendant was given property by deceiving the victim.
2. On September 2014, the Defendant, against the victim I, was scheduled to set up and operate the Mart building in the temporary office of the “K Mart” located in the Suwon-si, Suwon-si, Suwon-si.
Deposit 50 million won may be operated from October 8, 2014 on the face of the week.