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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. Around May 2013, the Defendant: (a) deposited 1/2 of the shares of Defendant’s operation “D” in the second floor of Jung-gu Seoul Metropolitan Government, Jung-gu, Seoul, with KRW 300 million KRW E; (b) made the said KRW 300 million hotland as gambling funds; and (c) on October 2013, the remainder of the shares transferred to E, but hotland became hot all KRW 600 million.
In fact, the Defendant saw 600 million won as money for gambling, and the above coffee shop was sold around October 2013 and did not have any intent or ability to repay the money even if it was given a loan because there was no particular income in the future, but did not have the intent or ability to pay the money. However, the above coffee shop was still registered in its name.
On November 15, 2013, the Defendant made a false statement to the effect that “If he/she operates a coffee shop, he/she will pay 10 million won per annum monthly principal and interest, including 35% interest per annum.” Around November 15, 2013, the Defendant received KRW 10 million from the victim.”
Accordingly, the defendant was given property by deceiving the victim.
2. Around July 24, 2013, the Defendant agreed to obtain a loan of KRW 106,90,000,000 from the Defendant, the victim, the victim, for installment financing, by purchasing the F Kabro vehicle in D, which was operated by the Defendant on the second floor of the Jung-gu Seoul Metropolitan Government, at a 36-month rate of 36 months. On the same day, the Defendant created a mortgage on KRW 106,90,000 for the claim value of KRW 106,90,000 on the same day, and thus, was obligated to keep the said vehicle as the object of the said mortgage.
Nevertheless, the Defendant paid KRW 1,018,00 in installments from September 5, 2013 to November 5, 2013 and did not pay the remainder of installments of KRW 9,671,00 in the vicinity of the Seodaemun-gu Seoul Metropolitan Government Independent Station on December 2, 2013.