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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On March 15, 2010, the criminal defendant against the victim D may call to the victim D to return money to the victim “Is a smallest amount of cash in a real estate business,” and return money to the victim D.
Since there are a lot of interests, it has been said that only KRW 20 million has been lent.”
However, the defendant did not have any intent to invest money in small father's real estate business, and even if he borrowed money from the injured party due to a large amount of debt such as KRW 70 million against small father, he did not have any intent to change it or pay interest on the borrowed money.
The defendant acquired 20 million won from the damaged person on the same day.
2. Fraud to victims E;
A. On November 13, 2010, the Defendant called the victim E and returned money within one week or two weeks from the lending of money to the victim E.
“.....”
However, in fact, even if the defendant borrowed money from the injured party due to a large amount of debt such as lending of KRW 70 million from the bond company, he/she did not have the intent and ability to defend it within one week to two weeks.
The defendant acquired 70,000 won from the injured party by remittance on the same day.
B. On November 20, 2010, the Defendant called the victim E and tried to take over the victim E at a low price.
If re-sale is made after managing and operating a month, a lot of profits will be made.
The acquisition fund may borrow money for a shortage of 13 million won. When selling the management office and making profits from selling the management office, the amount of KRW 5 million will be more than 5 million.
“.....”
However, in fact, the defendant did not have the intent and ability to take over the management room in the reverse Tridong, even if he received money from the injured party, he/she shall sell the reverse Tridong management room to repay the borrowed money or pay the borrowed money to the injured party five million won out of the profits.