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A defendant shall be punished by imprisonment for not less than eight 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 July 25, 2008, the Defendant entered into a false statement with regard to the victim D, stating that “The Defendant shall have to repay bonds to the victim within three months if he/she loans KRW 20,000,000 to the victim,” at the Fju point of the Defendant’s operation located in Gwangju Mine-gu, Gwangju.
However, in fact, the Defendant did not have certain property, and even the profits of the main office operated by the Defendant did not have any available profits by G as her husband, and there was no available profits. The Defendant did not intend or ability to repay the borrowed amount within the due date, even if the Defendant received the borrowed amount from the victim, because the Defendant was under the so-called “overright” where the Defendant borrowed money from another person and repaid the principal and interest of the victim in excess of about 60,00,000 won.
From that time to September 14, 2009, the Defendant received from the victim a total of KRW 33,000,000 in the same way four times as indicated in the separate crime list 1.
Accordingly, the defendant was given property by deceiving the victim.
2. On June 2, 2009, the criminal defendant against the victim C made a false statement that "if he/she lends KRW 20,000,000 to the victim, he/she will have to repay 1.6 million per month for 20 months from the H main points of the defendant's operation in Gwangju Mine-gu."
However, in fact, the Defendant did not have certain property, and even the profits of the main office operated by the Defendant did not have any available profits by G as her husband, and there was no available profits. Since the bonds and bank obligations reach about 80,000,000 won, and the so-called “overright” was made to repay the principal and interest of the victim by lending money from another person, the Defendant did not have any intent or ability to repay the borrowed money within the due date even if the borrowed money was received from the victim.
From that time to November 2, 2009, the Defendant received from the victim totaling KRW 19,000,000 in the same way three times, as indicated in Table 2 separate crimes.
Accordingly, the defendant is the victim.