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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Fraud;
A. A. Around March 28, 2011, the Defendant committed the crime against the victim C, the Defendant, on March 28, 2011, sentenced the victim C to the false end of the crime at “E cafeteria” located in Seoul D on March 28, 2011.
However, around that time, the defendant did not have any intention or ability to pay the money even if he incurred a loss of 10 million won of the clothing sales business, and he borrowed money from the injured party due to no particular import.
As above, the Defendant was issued 5 million won in cash from the injured party, namely, by deceiving the victim.
2) On April 201, 201, the Defendant made a false statement to the effect that “Around April 2011, the Defendant would pay back to the victim if the Defendant borrowed KRW 3 million as it is deemed that the F cafeteria is urgently required to pay the money,” from a corporate bank located in the Ssung Elementary School in Mapo-gu Seoul Metropolitan Government.
However, as described in the above Paragraph 1, the Defendant had been in excess of the obligation, such as losses of clothing sales business up to KRW 10,000,00, and there was no intention or ability to repay even if he/she borrowed money from the damaged party due to no particular property or income at the time.
The defendant deceivings the victim as above and received 3 million won in cash from the injured party.
B. Around June 2012, the Defendant made a false statement to the victim G, “A cafeteria” located in Mapo-gu Seoul Metropolitan Government H around June 2012, 2012, stating that “A cafeteria will pay money to the victim G for only two months if he/she lends money.”
However, at the time of fact, there was a loss of the defendant's clothes sales business in KRW 10 million, and there was no intention or ability to repay even if the defendant borrowed money from the injured party due to no particular import.
The defendant deceivings the victim as above and received two million won in cash from the injured party on the same day.
2) The Defendant committed a crime in early 2013, at a cafeteria of the trade name in the vicinity of the New Village of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, the Defendant: (a) “Isn.” to the victim.