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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant had no particular property other than the beauty room building where the provisional registration of right to claim ownership transfer and the registration of collateral security has been made. The Defendant had a debt equivalent to 150,000,000 won, and was actually bankrupt to the extent of filing an application for individual rehabilitation (the application for individual rehabilitation on May 9, 2014). On March 3, 2014, the Defendant: (a) reported that the advertisement of loan from the first police officer to his own telephone text messages was made; (b) received the loan (30 or 40,000,000; and (c) received the loan by the same method to repay the amount of the loan; and (d) received the loan by the same method; and (c) paid the expenses necessary for the loan with his money, but did not obtain the loan from the victims to the extent that the loan was made; and (d) intended to pay his/her debt at his/her own expense.
1. Around March 19, 2014, the Defendant, against the victim C, made a false statement to the victim C at a beauty room operated by the Defendant in Daegu-gu, Daegu-gu, stating that “The Defendant would immediately grant a guarantee to a pilot who engages in a business, if he/she borrowed KRW 4,500,000,000.”
However, for the above reasons, even if the victim borrowed money from the victim, it is only thought that he/she will pay his/her debt by using it, and there was no intention or ability to pay the victim's money.
On March 20, 2014, the Defendant received 4,500,000 won from the victim’s business deposit account (Account Number: E) in the name of the Defendant’s name on March 20, 2014, and received 4,500,000 won from the victim to receive the money borrowed, and received 19,00,000 won from the victim’s business deposit account (Account Number: E) in the name of the Defendant’s name on March 26, 2014, respectively, under the name of a new deposit account (Account Number:F) in the name of the Defendant.
Accordingly, the defendant deceivings the victim.