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A defendant shall be punished by imprisonment for six 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
1. On May 21, 2012, the Defendant, within the office operated by the Defendant in the Young-gu, Busan Metropolitan City (U.S.) on or around May 21, 2012, he/she intends to repay the amount to the victim D at a rapid time when he/she lends money to the Defendant.
2. The term “assumed.”
However, in fact, the Defendant was liable to pay KRW 6,00,000 won to the bank, and the business at the time was also in a situation where it is difficult to repay interest every month because it was difficult for the Defendant to lend KRW 6,000 from the branch.
The defendant deceivings the victim as above and was delivered KRW 3,100,000,000 to the victim on the same day and June 22, 2012.
2. On February 2, 2013, the Defendant would repay money to the Defendant at the place specified in paragraph 1, at the early stage of lending money to the Defendant.
The kind of real estate brokerage business is selling real estate and lending money to a third party, and another kind of business is going to operate a partnership business, and it is expected to enter the amount of KRW 50 million to KRW 60 million with its partner's money.
In addition, the amount receivable from the Customer was also 30 million won to 40 million won.
However, the Defendant did not have good financial standing as described in paragraph 1, and it was not confirmed that at the time other friendships have lent money or had them operate a partnership business, and since the amount receivable to be received from the Customer had already been seized to other creditors, the Defendant had no intention or ability to repay it even if he borrowed money from the victim.
The Defendant, as above, was accused by deceiving the victim and was delivered KRW 10 million from the victim on February 8, 2013.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. A complaint;
1. Details of transfer, application of Acts and subordinate statutes on credit reports;
1. Article 347 of the Criminal Code as to the facts constituting the crime.