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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 28, 2015, the Defendant is the D Law Firm located in Seongbuk-gu, Seongbuk-gu, Sungnam-si, and there is no problem in the victim E with the victim E with the “Bropool project and the denying is operating precious metal in Seoul-ro, Seoul.
The interest of KRW 3 million shall be paid periodically and the interest shall be delayed for at least two months on a 27th day of each month, or when an application for bankruptcy, personal rehabilitation, etc. is filed, a civil or criminal liability shall be met immediately.
The loan shall be repaid from two years to July 27, 2017.
In order to clarify this legally, I would like to notarial and prepare a loan certificate.
“A false statement” was made.
However, the facts are that the defendant has a personal debt of KRW 400 million and that the defendant has to pay an interest of KRW 800 million per month, and even if he borrows money from others, he did not have the intention or ability to pay it.
Nevertheless, on the same day, the defendant was transferred KRW 100 million to the national bank account under the name of the defendant from the victim.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness E;
1. Complaint;
1. The certificate of loan, process certificate, and written confirmation of the transfer result [the defendant and his defense counsel had sufficient means at the time when he received money from the injured party, and the victim was aware of the investment value of the defendant's business and lent the above money, and the victim was unable to avoid this change because it did not mean the business, so it is denied that there is no intention to commit fraud. However, in full view of the evidence duly adopted and examined by the court, the defendant at the time of applying for rehabilitation procedure around May 17, 2016, which was before one year from the date of borrowing, the defendant was in arrears with about KRW 24 million from January 2013 to the insurance premium, national pension, insurance premium, etc., and other F.