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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
"2013 Highest 1549"
1. On January 29, 2013, the criminal defendant against the victim C made a false statement to the victim C, in front of the modern white apartment located in the Masan-si, Sinsan-si, Masan-si, stating, “The defendant has a guidance in the process of being operated as a joint stock owner, should be able to receive the guidance immediately from that guidance, so that he/she should be given a loan of 30 million won, and if so, he/she will be given a loan to the infant and receive the three-minute interest, and if he/she will receive the education expenses, he/she will be able to receive the education expenses.”
However, in fact, the Defendant paid a total of KRW 400 million to the Defendant’s liabilities and financial rights due to bonds, and the operating guidance has not been properly operated since September 2012, and even if the Defendant borrowed money from the victim, he/she only intended to use the money in order to prevent the repayment of other obligations, and did not have the intent or ability to pay the money to the victim.
As above, the Defendant, by deceiving the victim, received 30 million won from the victim to the Agricultural Cooperative (E) account in the name of the Defendant, and acquired 10 million won from the said account on February 27, 2013, and 30 million won from the said account on April 9, 2013, respectively.
"2014 Highest 760"
2. Around March 26, 2013, the Defendant made a false statement at the four-day shop operated by the Victim F, the victim F in the Hasan-si Seoul Special Metropolitan City, stating, “If he/she loans the amount of money to KRW 20 million, he/she would pay the amount of money to him/her within three months, and offer three-minute interest.”
However, in fact, the Defendant paid a total of KRW 400 million to the Defendant’s liabilities and financial rights due to bonds, and the operating guidance has not been properly operated since September 2012, and even if the Defendant borrowed money from the victim, he/she only intended to use the money in order to prevent the repayment of other obligations, and did not have the intent or ability to pay the money to the victim.
As above, the Defendant, by deceiving the victim, received 19 million won from the victim to the Agricultural Cooperative (E) account in the name of the Defendant on the same day and acquired it by transfer.
Summary of Evidence
"2013 Highest 1549" 1.