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A defendant shall be punished by imprisonment 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
1. On April 23, 201, the Defendant, within the Seodaemun-gu Seoul Metropolitan Government building DDBC, made a false statement to the effect that, “The Defendant would operate LBC at this place” to the victim F who became aware of the Defendant’s pro-Japanese job offer E, “if only sound and lighting facilities are equipped, then only if you are equipped,” the sales amount of KRW 10 million per day may be raised. To install sound and lighting facilities, the Defendant would pay 50 million interest every month if he/she lent money to the effect that he/she would complete payment of the principal by October 22, 2011.
However, although the defendant is preparing to operate the above "DDBC", there was no sufficient ability to raise operating funds and there was a clear situation as to whether to create profits, and there was no intention or ability to pay interest on the five copies per month or to repay the above borrowed funds to the victim within the due date for payment, since there was no property or fixed income especially possessed by the defendant at the time.
On April 25, 201, the Defendant, by deceiving the victim, received KRW 50 million from the victim, to the national bank account in the name of the Defendant’s wife H on April 25, 201.
2. Around May 17, 2011, the Defendant called the victim by phone and called “around July 17, 201, the Defendant would pay interest on the five-month interest if he/she additionally lends KRW 15 million to the victim, and the principal would be repaid until July 16, 2011.”
However, in fact, although the defendant opened and operated the above "DDBC" on May 1, 201, the defendant did not have the ability to raise operating funds and did not create profits, and there was no intention or ability to pay the interest on the 5th of each month or to repay the above borrowed funds within the due date.
The Defendant is identical to this.