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A defendant shall be punished by imprisonment for six 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 September 20, 2013, the Defendant made a false statement to the victim D, stating, “I will make an investment, but will make an investment by dividing the profits.”
However, in fact, it was not clear whether the profit of the used vehicle business of the defendant is generated or not, and even if the defendant received investment funds from the victim, some of them are thought to be used for personal purposes, and there was no intention or ability to use all the profit received from the victim for investment or divide the profit to the defendant.
The Defendant, as above, by deceiving the victim, received KRW 14,00,000 from the victim under the same day as the investment money.
2. On November 30, 2013, the Defendant made a false statement to the said victim stating, “The Defendant would pay back money if he/she lends money to the said victim that he/she would have a bad credit holder due to overdue payment.”
However, in fact, while the defendant has no particular property, he did not have any personal debt amounting to 40 million won, and he did not have any intention or ability to complete payment even if he borrowed money from the victim because most of the defendant's income was earned in the amount to be used for repayment of debts.
As above, the Defendant, by deceiving the victim as above, received 2,00,000 won in total, 11,030,286 won in total, under the same name as in December 1, 2013, and 2,00,000 won in the same name as in January 15, 2014, and 3,680,000 won in the same name as in January 20, 2014, and 2,00,000,000 won in the same name as in January 21, 2014.
3. On July 15, 2014, the Defendant applied for a loan of automobile purchase funds to the victim Hyundai Capital Co., Ltd., when purchasing automobiles through the same company, at the car trade complex located in Ulsan Metropolitan City.
However, in fact, while the defendant does not have any property, the individual debt as above is.