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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 became final and conclusive.
Reasons
Punishment of the crime
1. On May 2009, the Defendant stated that “A cafeteria located in Thai City B shall be repaid after three months if the Defendant lent KRW 3 million to the victim D.”
However, in fact, the defendant did not have an intention or ability to pay money even if he borrowed money from the victim because he did not pay the amount of the credit card in excess of KRW 30 million.
The Defendant received 3 million won from the victim on the same day.
2. Around May 18, 2009, the Defendant stated that “The money is necessary to purchase a main apartment” to the victim from the Tae-do, Tae-do, Tae-do, Tae-do, Tae-do, Inc., “If the Defendant borrowed money, he will pay off the apartment with the deposit money for lease on a deposit basis.”
However, in fact, the defendant was liable as stated in Paragraph 1, and even if he was paid the above apartment house with the deposit for lease on a deposit basis, he did not have the intention or ability to repay even if he borrowed money from the victim because he was able to pay the debt incurred in order to prepare the agreement amount of traffic accident paid by his husband E.
The Defendant received KRW 20 million from the victim to the new bank account in the name of E on the same day.
3. On May 29, 2009, the Defendant borrowed KRW 5 million from the money that he/she lent to the Defendant before leasing the registration of the apartment that he/she purchased to the victim at the C cafeteria specified in paragraph (1).
"......"
However, the defendant did not have any intention or ability to repay even if he borrowed money from the victim as stated in paragraph (2).
The Defendant received KRW 5 million from the victim on the same day.
As a result, the defendant deceivings the victim three times and received a total of KRW 28 million from the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes on account transactions;
1. Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of imprisonment.