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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
1. From January 201 to June 2012, the Defendant: (a) borrowed 12 million won from the victim B (the age of 80) in 2009 to the victim B (the age of 12,000,000 won; and (b) did not repay 10,000,000 won to the victim’s residence, etc. during the period from January 2012 to June 2012, the Defendant made a false statement to the effect that “The Defendant would repay 10,000,000 won with the borrowed money prior to the lending of money to the victim’s residence, etc.”
However, there was no intention or ability to repay normally even if the victim borrowed money from the victim.
The Defendant, as such, by deceiving the victim, received from the victim a total of KRW 2 million, KRW 3 million, and KRW 5 million under the pretext of the loan during the said period.
2. The Defendant, on October 2012, committed a crime with no payment on the date on or around October 2012, 2012, extended the sum of 30 million won, if he/she borrowed money to the victim up to December 31, 2012, from the victim’s above residence on or around the date to October 2012.
(2) The Defendant, on January 10, 2013, issued a false statement to the effect that “The Defendant, on January 10, 2013, received KRW 10 million from the victim under the same day as the loan, on the same day.” However, the Defendant, on January 10, 2013, made a false statement to the effect that “The Defendant, at a licensed real estate agent office in Songpa-gu Seoul, would make a full payment of KRW 33,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000
However, there was no intention or ability to repay normally even if the victim borrowed money from the victim.
The Defendant, as such, by deceiving the victim, received KRW 3 million from the victim under the pretext of borrowing money around that time.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the police with regard to B and D;
1.The cash carnet, content certification, each sub-loan, each sub-statement of payment, respectively;