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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal power] On September 2, 201, the Defendant was sentenced to a suspended sentence of 6 months for criminal fraud at the Sungnam Branch of Suwon District Court on September 2, 201, and the said judgment was finalized on September 10, 201.
【Criminal Facts】
1. On August 10, 2010, the Defendant made a false statement to the effect that “The Defendant would pay wages to the funeral home employees in the possession of the land in front of the new community credit cooperatives located in Seongdong-gu, Sungnam-gu, Sungnam-si, the Defendant borrowed money as security and borrowed money to the victim C at a promissory note with a face value of KRW 25 million at par value (the issuer corporation, the issuer, the issuer of the Constitutional Court, the bill number of 00434802, the due date of payment, December 28, 2010). If the bill is not paid at the due date, it is a bill that is settled without the basis of the due date.”
However, in fact, the Defendant did not know the issuer of the said Promissory Notes as to the “Crail Book,” and merely received the said Promissory Notes from D, and did not know whether the said Promissory Notes can be settled on the date of payment. Moreover, the Defendant did not have any intent or ability to pay the said Promissory Notes even if the Promissory Notes was not paid on the date of payment, on the ground that there is a circumstance that the unpaid construction cost and the wages of employees at the time are not sufficient to the extent that the said Promissory Notes are not paid on the date of
Nevertheless, the Defendant received KRW 17 million from the victim on the same day.
2. On May 20, 201, the Defendant made a false statement that “If the Defendant borrowed KRW 10,000,000,000 as a funeral home operating expenses, he/she would repay the said KRW 10,00,000,00 to the said victim’s funeral home in front of the agricultural cooperative located in Sungnam-si, Sungnam-si.”
However, even if the above three funeral cases are dealt with, the defendant was expected to use the earnings as unpaid electricity, food supply, and interior work cost, etc., and since the financial situation at the time is not very good, it is from the victim.