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A defendant shall be punished by imprisonment for 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
"2015 Highest 1808"
1. On February 26, 2012, the Defendant made a false statement to the effect that “The Defendant would pay the victim D (or 34 years of age) with interest on the loan of the money that is necessary to pay the said money, with the interest on the loan of the money that is paid up to March 30, 2012.”
However, the Defendant did not have any intent or ability to repay the borrowed money even if he borrowed money from the injured party as above.
Nevertheless, the Defendant, as seen above, received 2.8 million won in cash from the injured party on the same day from the same day, and acquired the total amount of KRW 30.9 million over 13 times from around that time to May 1, 2012, as shown in the List of Crimes.
"2015 Highest 2394"
2. On June 11, 2012, the Defendant made a false statement to the effect that “When he/she lends money to the victim E by means of repayment of credit card debts or living expenses, etc., he/she would pay 10% of the pre-paid interest from the date of June 30, 2012.”
However, the Defendant did not have the intent or ability to repay the above even if he borrowed the money from the injured party.
Nevertheless, the defendant shall make such a false statement and then affix the following seals to the damaged person:
6. On December 12, 2000, after deducting 10% of the prior interest from KRW 3 million, 2.7 million, the person acquired it by fraud.
3. On June 19, 2012, the Defendant made a false statement to the effect that “The Defendant would repay feavour by not later than June 30, 2012, along with the borrowed money prior to borrowing additional 10% interest from the victim E in the vicinity of the domicile of the victim E located in Busan-si, Busan-si, 2012.”
However, the Defendant did not have any intent or ability to repay the said money even if he borrowed the money additionally from the injured party.
Nevertheless, the defendant has made such a false statement.