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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On July 3, 2009, the Defendant was sentenced to a suspended sentence of 4 months for a criminal offense at the Cheongju District Court, which was sentenced to a suspended sentence of 2 years for a criminal offense, and the judgment was finalized on July 11, 2009, and on August 13, 2010, the judgment became final and conclusive after being sentenced to a suspended sentence of 2 years for a criminal offense at the Cheongju District Court.
1. Around June 20, 2008, the Defendant stated that “C” operated by the Defendant in the Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, the Defendant would pay interest of KRW 300-5 million every month to the victim D, if the Defendant borrowed the funds to operate a secondhand shop.
However, the defendant thought that he would use the money received from the victim as the living expenses of the defendant, and the defendant did not have the intention or ability to pay interest or principal even if he received the money from the victim because he was only liable for 35 million won without any specific property or income at the time.
The Defendant was issued a passbook, seal and password in the name of the victim on June 23, 2008, which was deposited by the victim on June 23, 2008.
2. On July 2008, the Defendant presented a building photograph to the victim D at the place specified in paragraph (1) at the end of the end of July, 2008, stating that “A building is to be removed at home, and if only the removal service contract is the only removal service contract, he shall be repaid KRW 50 million prior to the loan. If the Defendant borrowed KRW 10 million to be used as the down payment, he shall be repaid immediately.”
However, in fact, the Defendant did not intend to use the money received from the victim as the contract deposit for the removal service because he was aware of the use of the money received from the victim as the expenses for the performance of the contract deposit. The Defendant was only liable for 35 million won without any special property or income at the time, and even if he received the money from the victim, he would pay the principal or interest for the 50 million won borrowed and the 10 million won borrowed from the instant case as described in paragraph (1).