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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On November 14, 2011, the Defendant: (a) on November 14, 201, the victim D’s dynamic office located in Gwangju Mine-gu, Gwangju; and (b) on November 14, 201, the Defendant, even if borrowing money from the victim, did not intend or have the intent or ability to repay the money properly; (c) in the absence of the victim’s intent or ability to perform the operation, the Defendant obtained from the victim a false statement that “if he/she did not perform the operation as soon as possible because he/she did not narrow a hole, he/she may perform the operation without going to stop it; and (d) if he/she borrowed KRW 5 million,00,000,000 for operating expenses, he/she would have repaid the amount of KRW 10,000 on January 20, 2012 by 21 the following day, he/she shall receive the victim’s loan amount of KRW 5 million from the victim.
3. On July 24, 2012, the Defendant: (a) at the same place as of July 24, 2012, at the same time as the victim D; and (b) at the same time, the Defendant made a false statement to the victim stating, “I will lend 500,000 won to the victim because I would be the bad credit holder if I would not be able to fully repay the money even if I borrowed the money from the said victim D; and (c) even if I would not have any intent or ability to fully repay the money, I would have the victim borrow 5 million won from F to borrow 5 million won from F; and (d) the Defendant would have the victim take the guaranteed obligation by having the victim pay 5 million won by subrogation to F, thereby obtaining economic benefits equivalent to that amount.
4. On August 27, 2012, the Defendant: (a) at the same place as the victim D on August 27, 2012; and (b) at the same time, the Defendant, even if borrowing the money from the said victim D, did not have the intent or ability to repay the money properly; (c) the Defendant, despite having no intent or ability to pay the premium under the name of the Plaintiff, saying, “If only KRW 5 million is additionally lent, he/she will complete the payment by October 27, 2012, he/she shall receive KRW 5 million from the victim as the borrowed money.”
Summary of Evidence
1. Partial statement of the defendant;
1. Witnesses D, H, and F, respectively.