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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 two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. On October 2009, the Defendant made a false statement to the victim E that “If the purchase price of clothes is insufficient, the interest will be added to the loan of KRW 3 million.”
However, the facts are as follows: (a) the monthly net sales are approximately KRW 10 million; and (b) there is no property under the name of the Defendant; (c) while the lending company and the branch have already been liable for the debt amounting to KRW 70 million; and (d) there was no ability to repay the said monthly sales even if the Defendant borrowed money from the victim.
Nevertheless, the Defendant, as above, by deceiving the victim and receiving 3 million won as the borrowed money from the victim in the same place, and received the total sum of 14 million won from July 15, 2010 to obtain it as above.
2. On February 10, 2012, the Defendant made a false statement to the victim E “F” in the “F” box in the Defendant’s operation of Pyeongtaek-si C, stating, “If the Defendant borrowed KRW 2.5 million at a time, he/she would combine with KRW 3 million, which is part of KRW 14 million, and to complete payment up to April 2012, 201.”
However, the facts are as follows: (a) the monthly net sales are only about one million won; and (b) there is no property under the name of the Defendant; (c) while the lending company and the branch have already been liable for the debt amounting to KRW 70 million; and (d) there was no ability to repay the said monthly sales from the victim even if he/she borrowed money.
Nevertheless, the defendant deceivings the victim as above and acquired 2,50,000 won as the borrowed money from the victim on the same place.
Summary of Evidence
1. Partial statement of the defendant;
1. Examination protocol of the accused by prosecution;
1. E prosecutorial statement;
1. A report on investigation (Attachment to materials submitted by a suspect) and a certificate of debts;
1. A copy of each certificate of borrowing;