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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 5, 2014, the Defendant made a false statement to the victim D, “I would pay interest and principal after the month when I lent KRW 35 million as operating expenses are insufficient to operate a house by means of multiplying the capital.”
However, in fact, the defendant tried to use the funds borrowed from the victim for the repayment of personal debt, not for the cost of the house operation by multiplying the funds borrowed by the victim. At the time, the defendant's personal debt was paid in KRW 26.4 million, and the monthly rent and card payment were in arrears, so there was no intention or ability to repay the funds even after borrowing the funds to the victim.
The Defendant received KRW 2,30,00 from the damaged party to the Agricultural Cooperative Account (F) in the name of the Defendant’s living together on the same day, and thereafter received KRW 30,420,000 from the time to August 25, 2014, the Defendant received KRW 3,042,00 from the damaged party on nine occasions, such as the list of crimes in the attached list of crimes.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes on police statements made to D;
1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the choice of punishment (in comprehensive, the choice of imprisonment);
1. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., the fact that the injured person does not want the punishment against the accused; the defendant pays 7.910,00 won to the injured person; partial
1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act of the community service order;