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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
[2017 Highest 3484]
1. The Defendant, around early March 2015, at the office of the victim C management company located in Si-si, Gyeonggi-do, for the victim to obtain a loan of KRW 1,00,000,000 from the victim’s company located in Si-si, Gyeonggi-do to obtain a loan for the funds of KRW 1,00,000,000 from the victim’s company.
The phrase “ makes a false statement.”
However, the Defendant did not have a head of the D Bank Black branch, and was thought to use the money received from the injured party for personal purposes, so even if he received the above money from the injured party, the Defendant did not have the intent or ability to allow the injured party to borrow KRW 1 billion from the purchase fund of the factory.
Ultimately, around March 6, 2015, the Defendant, by deceiving the victim as such, obtained cash KRW 10,000 from the Defendant’s Eststyna car parked in the reservoir near the water king in Gyeonggi-do, Seoul Special Metropolitan City.
[2017 Highest 5872]
2. The Defendant, while not working in a D bank, introduces himself to the victim F as the head of the branch of the D Bank Blackdong branch by introducing him to the victim F, who is named “D Bank A Blackdong branch/head”, and thus, the victim believed it, who was in mind of the victim’s reliance, would be able to obtain money from the victim F, and, on April 1, 2016, in H office operated by the victim F, who was in Siri-si, on April 1, 2016, pay to the victim KRW 20 million until June 1, 2016, if the victim borrowed KRW 15 million.
“A false representation was made.”
However, in fact, the defendant did not have a director at the branch of D Bank Blackdong, and even if he borrowed money from the defendant due to the lack of property or monthly income under the name of the defendant, there was no intention or ability to repay the money.
The defendant shall belong to the same month from the injured party.
4. The Defendant acquired 15 million won by transfer to the said I bank account under the name of the Defendant as the borrowed money.
Summary of Evidence
1. Statement by the defendant in the protocol of public trial of the second and fourth instances;
1. The witness F.