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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
The Defendant, a person without a certain occupation, did not have any particular income even in 2012, and used the agricultural bank account of Dong Dong-dong with no occupation, and around that time, the Defendant borrowed money from others, along with E, a loan broker, and received interest from others and used it as a commission fee, and there was no asset under way to use it as a commission. Therefore, even if the Defendant borrowed money from others, there was no intention or ability to complete payment.
On the other hand, the Defendant came to know of the Victim C through the introduction of the branch figures around November 2012, and intended to receive KRW 270 million which the victim had not been repaid to other persons. On the other hand, the Defendant was able to obtain trust from the victim by aiding and abetting the victim as above, with the intention of receiving money from the victim by borrowing it with the borrowed money.
1. On December 27, 2012, the Defendant stated that, around December 27, 2012, the Defendant provided the victim with a meal at a middle restaurant of “I” located in H in the territory of the Republic of Korea (hereinafter “I”) and that, on December 27, 2012, the Defendant was guilty of the victim’s daily cover check 10 million won, and that, on the last day, the Defendant was not aware of the 12,500,000 won, and that, on January 4, 2013, the Defendant was not aware of the 12,50,000 won, and that, on the last day, the Defendant was not aware of whether the F would be repaid by January 4, 2013.”
However, for the above reasons, the Defendant did not have any intent or ability to repay the borrowed money from others.
The defendant received two copies of the one million won check from the victim as the borrowed money on the same day, and acquired two million won by fraud.
2. On December 31, 2012, the Defendant, around December 31, 2012, called “L” from the “L” operated by the KJ in the Haju-si around December 31, 2012, called the victim to the above I Heavy restaurant in the Haju-si, and the victim “K opens the party hall.”