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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 2016, the Defendant did not have a hospital expenses to the victim B by telephone from the Habn's Habon on June 2016.
There is a difference in the loan of KRW 18 million. The head of the Tong shall be responsible for the payment of benefits, etc. and shall be repaid as soon as possible.
“A false representation was made.”
However, in fact, since around 2015, the Defendant was unable to properly pay his wages to the employees since it was difficult for the Defendant to operate his business, and the Defendant was obligated to pay KRW 0,000 to the lending company, and the Defendant did not have any intent or ability to pay his money to the victim because he borrowed money from the victim and thought that he would have repaid at the interest rate.
Nevertheless, the Defendant received from the above victims the remittance of KRW 10 million around June 28, 2016, and KRW 8 million around June 29, 2016 from the above victims as the borrowed money.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Statement made by the police against B;
1. Complaint;
1. Details of the Kakao Stockholm dialogue;
1. Account transactions;
1. Application of Acts and subordinate statutes to a report on investigation;
1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;
1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] general fraud [Article 62(1) of the Act on the Suspension of Execution] (Article 62(1) of the Act on the Punishment, etc. of Specific Fraud [Article 62(1) of the Act on the Punishment, etc. [Article 51 of the Criminal Procedure] In the event (Article 100 million won to 10 million won to 10 million won), the amount of damage to the sentence is causing 18 million won, the victim is agreed with, the confession of and reflects with the victim, the defendant's age