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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 15, 2014, the Defendant is a person who was sentenced to a suspended sentence of four months for criminal fraud in the Changwon District Court’s territorial branch on May 15, 201, and the judgment becomes final and conclusive on May 23, 2014.
On August 24, 2012, the Defendant, on August 24, 2012, made a false statement to the victim D, “C” at a restaurant located at Dong-si B, stating that “A shall pay the amount.”
However, at the time of fact, the Defendant had a debt worth KRW 40 million on the other hand, while in excess of the debt with no particular asset, and had been in excess of the debt with a bad credit holder who borrowed money from another person, and thus, he did not have the ability to repay the debt even if he borrowed money from the victim.
Ultimately, the Defendant, by deceiving the victim as above, received KRW 5 million from the victim to the Agricultural Cooperative Account (Account Number:F) in the name of E designated by the Defendant on the same day as the loan money from the victim.
On August 30, 2012, the Defendant, at the place indicated in Paragraph 1, 2012, concluded that “The construction cost of G cafeteria operated by the institution was more than the expected amount,” and that “Isnsnssssssss should be transferred to a large hospital, and if Isnsssssssss should be transferred to a large hospital, Isns would be repaid promptly.”
However, the defendant did not have the ability to repay the above even if he borrowed the money from the victim as stated in Paragraph 1.
Ultimately, the Defendant, by deceiving the victim as above, received KRW 5 million from the victim to the Agricultural Cooperative Account (Account Number:F) in the name of E designated by the Defendant on the same day as the loan money from the victim.
On September 13, 2012, the Defendant made a false statement to the victim on September 13, 2012, at the place indicated in Paragraph 1 of Article 2012, stating that “The Defendant shall complete the G cafeteria operated by the Defendant, and the construction cost shall be repaid if the Defendant borrowed KRW 3 million.”
However, the defendant is the victim as described in paragraph (1).