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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
1. On September 29, 2017, the Defendant committed a crime on September 29, 2017, at a coffee shop where the trade name in Gangnam-gu Seoul is unknown, and on September 29, 2017, the Defendant was engaged in the work of commercializing money and gold tamps, etc. stored in the warehouse created by the C regime, to the victim B who came to know of the trade name in Gangnam-gu, Seoul through the introduction of the author. The Defendant is also running a business related to real estate by raising funds exceeding ten billion won.
B. The intermediary is responsible for mediating the necessary funds on this day, and it will be paid after the loan of the money to be used at the time of delay.
“False speech was made to the effect that it was “.”
However, not only is it unclear whether or not there exists a business such as the defendant mentioned, but also there was no guarantee that profits will accrue within a short period. Since the defendant did not have any property or income, there was no other specific property or income, the defendant lacks the intent or ability to make a change within the agreed period even if he borrowed money from the victim.
Nevertheless, the defendant deceivings the victim as above and acquired 4 million won by transfer from the victim's wife D account (E) to the defendant's wife on the same day.
2. On October 31, 2017, the Defendant committed a crime on October 31, 2017, in a coffee shop where the trade name in Seocho-gu Seoul Metropolitan Government is unknown, the Defendant would pay the principal with the money borrowed prior to four (4) days, and divide a half of profits.
If the business is 4 days, the business may be completed with a full amount of money.
“False speech was made to the effect that it was “.”
However, as the Defendant was in the same situation as the above 1.1., even if he borrowed money from the injured party, the Defendant lacks the intent or ability to change it within the agreed period.
Nevertheless, the defendant deceivings the victim as above.