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A defendant shall be punished by imprisonment for one year.
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
On November 17, 2014, the Defendant would pay the principal to the Victim B at the Agricultural Cooperative Office of Jeju-si, Jeju-si, the Seoul-si Office of Non-Party B, “The principal would be repaid three months later, and the interest would be paid at 4% more of the principal.”
“The purpose of “ was to make a false statement.”
However, even if the Defendant borrowed money from the injured party, it was thought that most of the money was used to hold an illegal sports debate. At the time, the Defendant had no intention or ability to pay the principal and interest to the injured party normally due to approximately KRW 30 million of debt.
As such, the Defendant, by deceiving the victim, received 6,00,000 won from the victim’s account (C) in the name of the Defendant on the same day, and received a total of KRW 127,870,000 from around that time to January 31, 2015, including the statement in the list of crimes in attached Form 22 times.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against B;
1. Application of Acts and subordinate statutes on deposit transactions;
1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reasons for sentencing under Article 62-2 of the Criminal Act of the community service order and the various conditions of sentencing specified in the instant argument are considered. In particular, the following conditions are reflected in light of the circumstances: (a) the payment of agreed money to the victim has been made in this court; (b) the fact that the victim has not been guilty of fraud: (c) the amount of the acquired money in this case is close to KRW 130 million; (d) the use of the money from the victim for illegal sports discussions;