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A defendant shall be punished by imprisonment for not less than eight 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
1. On March 22, 2011, the Defendant: (a) on the front of the office located in the Gangseo-dong, Seosan-dong, Seosan-dong, Seosan-dong, the Defendant: (b) it is necessary for husband C to perform drinking houses under the ground of D building.
When a person lends money, he/she shall pay money to him/her in the number of days including previously borrowed money.
“.....”
However, in fact, the defendant was granted immunity upon the declaration of individual bankruptcy at the time and was in the state of a debt of 45 million won, so even if he/she borrowed money from the damaged party, he/she did not have the intention or ability to pay such money.
The defendant deceivings the victim as above and received 10,000,000 won immediately from the injured party.
2. On May 25, 201, the Defendant: (a) at the “Fsing room” operated by the Defendant located in the Republic of Korea on May 25, 201, the Defendant would use the “Fsing room” for the husband’s business fund; and (b) the husband would complete the payment
“.......”
However, the defendant did not have any intent or ability to repay the money even if he borrowed the money from the injured party on the grounds as stated in the above paragraph (1).
The defendant deceivings the victim as above and received 10,000,000 won immediately from the injured party.
3. On July 5, 201, the Defendant: (a) on the road in front of the agricultural branch of the agricultural cooperative branch located in Seosan-si, Seosan-si, Seosan-si, the Defendant: (b) “The husband operates a sports-free dumping funeral in Seoul, and paid 200,000 won per day.”
“.......”
However, the defendant did not have any intent or ability to repay the money even if he borrowed the money from the injured party on the grounds as stated in the above paragraph (1).
As above, the Defendant: (a) by deceiving the victim; (b) immediately delivered KRW 10,000,000 from the victim; and (c) transferred KRW 10,000,000 to the account under the Defendant’s name.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Application of Acts and subordinate statutes governing the adjudication of bankruptcy;
1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. The former part of Article 37 of the Criminal Code to increase concurrent crimes.