beta
Text
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
Although the Defendant operated a business with a partner and a mobile phone agent, there is no fixed source of revenue in the situation where there is almost no actual income because the business is not properly operated, and the personal debt is equivalent to 40 million won, and the Defendant’s mother C was engaged in the business of arranging the secondary repair of the Defendant and the payment for the fee, but did not engage in the bond business, and the Defendant did not have any intention or ability to repay his personal debt even if he borrowed money from others.
On January 1, 201, the Defendant issued a false statement to the effect that “The Defendant would be 20% of the interest rate if the Defendant borrowed 50,000,000 won, and the principal would be repaid within one year,” and that “the Defendant would have the Defendant’s mother C sign a joint and several surety.”
However, not only does the defendant's mother C did not pay bonds but also did not have the intent or ability to repay the above even if the defendant and the defendant's mother C borrowed money from the victim due to the above debt.
Nevertheless, on January 20, 201, the Defendant, by deceiving the victim as above, received KRW 30 million in total from the Defendant’s agricultural bank account (G) and KRW 5 million in total from January 24, 201 to the same account on January 24, 2011.
Summary of Evidence
1. The defendant's partial statement; 1. the witness F's legal statement;
1. Application of Acts and subordinate statutes to a certificate of borrowing;
1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;
1. Article 62(1) of the Act on the Suspension of Execution provides that the Defendant has no particular history, the victim shall be asked to the place where his investment is to be made, and the act in this case leads to the occurrence of the act in this case, the amount of damage, the amount of damage and the amount of damage that was 207