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A defendant shall be punished by imprisonment for not more than ten 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. Fraud;
A. On January 5, 2015, the Defendant: (a) committed fraud against the victim CF Capital Co., Ltd.; (b) issued a written contract for a loan transaction under the name of D while making a false statement to the effect that “I would loan KRW 3 million to the victim’s employees in the name of the victim CF Capital Co., Ltd. as if they were D; and (c) I would like to do so.”
However, the defendant thought that he would use the loan as the gambling fund at the time, and was in bad faith due to the debt of approximately KRW 30 million, and did not have any intention or ability to repay the loan because there was no particular property or any certain income.
The Defendant, by deceiving the victim as such, received 3 million won from the victim through the bank account (E) in the name of Korea on the same day from the victim.
B. Around January 15, 2015, the Defendant made a false statement to the effect that, at the Defendant’s home located in Cheongju-si, Cheongju-si, G 101, “A loan will be repaid if a loan is granted under the Defendant’s name.”
However, at the time, the defendant thought that he would use the loan as the gambling fund, and around 30 million won was bad credit due to the bad credit standing, and there was no intention or ability to repay the loan due to no particular property or income.
As such, the Defendant, by deceiving the victim and allowing the victim to borrow 5 million won from A&I Capital Co., Ltd. on the same day, and acquired financial benefits equivalent to the same amount by receiving money from the victim’s bank account (H) under the name of the victim who had already been holding from A&I Capital Co., Ltd. for remittance of KRW 5 million, and by failing to repay the money.
In addition, from that time until February 16, 2015, the Defendant is indicated in the list of crimes in attached Form.