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A defendant shall be punished by imprisonment for one year.
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
[criminal history] On June 27, 2014, the Defendant was sentenced to a suspended sentence of two years for a crime of fraud in the support for the development of the Suwon method, and that judgment became final and conclusive on July 5, 2014.
[Criminal facts] 【2014 Highest 2639】
1. In March 201, the Defendant stated that “The Victim L was operating a cafeteria (hereinafter “N cafeteria”) at the mutual infinite coffee shop in Seocho-gu Seoul, Seocho-gu, Seoul, that “The Defendant would pay interest of 4.7% per month on the face of a week lending KRW 150 million to the Victim L, and that the principal will be returned without the mold when the operation is completed.”
However, the Defendant did not have any intent or ability to pay the principal and interest even if he borrowed money from the injured party, since the Defendant was unable to pay interest to other creditors with the proceeds of the above N cafeteria more than KRW 1.3 billion.
Nevertheless, on June 9, 201, the Defendant received from the injured party the transfer of KRW 50 million to the same account as the Defendant’s corporate bank account (O) around June 9, 201, and KRW 100 million to the same account around September 1, 2011.
Accordingly, the defendant was given property by deceiving the victim.
2. On April 4, 2013, the Defendant stated that “If the Defendant lent KRW 100 million to the victim Q Q in order to operate the restaurant to the construction site of the Kimpo-R apartment, the Defendant would pay KRW 300,000 per month interest and repay the principal after one year.”
However, the Defendant had already operated the principal of the borrowed amount of at least two billion won, and as the operating profit of the restaurant was not paid the interest of the borrowed amount, there was no intention or ability to pay the principal and interest even if he borrowed money from the injured party.
On the same day, the Defendant was transferred KRW 97,656,90 under the name of a corporate bank account (O) in the name of the Defendant from the victim.
Accordingly, the defendant deceivings the victim.