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A defendant shall be punished by imprisonment for not more than ten months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
(e).
Reasons
Punishment of the crime
[Criminal Power] On May 13, 2011, the Defendant was sentenced to 8 months of imprisonment for fraud at the Ulsan District Court and 2 years of suspended execution for the same year.
8.27 The above judgment became final and conclusive.
【Criminal Facts】
1. On July 2010, the Defendant: (a) was aware of the Victim D (V, 65 years of age) who was the Director-General of the Association of E Association, and was well aware of the police officer of the Ulsan Central Police Station; (b) had access to the victim as if he would recover the outstanding amount of money equivalent to KRW 200 million from the police officer; and (c) had access to the victim on July 27, 201, the Defendant borrowed money from the H located in Ulsan Jung-gu G, Ulsan Central District; (d) “I would like to repay the borrowed money in advance after three months if he/she borrowed money.” The Defendant received KRW 33 million in cash from the victim who believed that he/she would repay the borrowed money in advance; and (e) KRW 58 million in total from the national housing bond of KRW 5,000 on May 30, 201.
However, at the time, the Defendant had no intention or ability to pay the borrowed money normally even if the Defendant borrowed money from the victim due to difficult economic circumstances, such as bearing the obligation equivalent to KRW 130 million through KRW 140 million, in the absence of any particular property or income.
2. On August 30, 2010, the Defendant, at Lulsan Headquarters Office, a corporate body operated by the Defendant in Ulsan-gu, U.S., Ulsan-gu, stating that “In order to establish the U.S. Headquarters for the Volunteers: if the Defendant borrowed office deposit, he/she would receive support payments and pay the borrowed money without molding the obligation,” and that “the Defendant would immediately pay the borrowed money from the victim who believed that he/she received such payment.”
9. Around 14. The N Hospital in Ulsan-gu M received a total of KRW 20 million from KRW 10,000,000.
However, at the time, the defendant was unable to carry out economic circumstances as stated in Paragraph 1, as well as the amount of the donations to be collected.