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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On November 28, 2007, the Defendant made a false statement that “The Defendant would have repaid money to be invested after one month, if he/she borrowed money to the victim B in the vicinity of Seongbuk-gu, Seongbuk-gu, 2007.”
However, the Defendant did not have any property to pay consolation money to the wife at the time of divorce with the wife, and did not have any property to purchase an officetel with the money borrowed from the victim and used it for the cost of living. Therefore, the Defendant did not have any intent or ability to repay the borrowed money to the victim.
Nevertheless, the defendant deceivings the victim as above, and he immediately received KRW 15 million from the victim and acquired it by fraud.
2. On April 4, 2008, the Defendant made a false statement to the effect that on April 4, 2008, the Defendant would use the purchase price of the shares and then repay the shares to the securities account in the name of C in the future of KRW 500,000,000 in the amount of KRW 20,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000)
However, at the time, the defendant worked as an insurance solicitor, but he did not have any intent or ability to repay the above even if he borrowed the money from the victim because he did not have any profit due to business depression.
Nevertheless, the defendant deceivings the victim as above and acquired 500 shares of 20 million won in future life insurance from the victim to the securities account in the name of C.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the police protocol protocol law to B
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Social service order under Article 62-2 of the Criminal Act;