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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 May 26, 2010, the Defendant concluded that “D” restaurant operated by the Defendant in Pakistan, which reads that “If the Defendant lends KRW 10,000,000,000 to the victim E, he/she would pay the fraternity by KRW 50,000 per month, while he/she would return the fraternity.”
However, at the time, the Defendant was unable to pay monthly wages to the employees working in the restaurant because the above restaurant was not well-known, and even if receiving the above guidance, he was considered to have used to pay other debts to the Defendant, and there was no other assets and there was no intention or ability to pay the above even if he borrowed money from the victim.
Nevertheless, the defendant deceivings the victim as above and acquired the victim's 10 million won from the victim's seat, i.e., by fraud.
2. Around September 20, 2011, the Defendant: (a) around September 20, 201, at the above D restaurant, stated that “The Defendant shall pay the victim F with the need to pay the money. If the Defendant borrowed the money one million won, then he/she shall pay the money immediately. At the latest, he/she would repay the money up to January 23, 2012.”
However, at the time, the Defendant was unable to pay monthly wages to the employees working in the restaurant because the above restaurant was not well-known, and even if receiving the above guidance, he was considered to have used to pay other debts to the Defendant, and there was no other assets and there was no intention or ability to pay the above even if he borrowed money from the victim.
Nevertheless, the defendant deceivings the victim as above and acquired the victim's 10 million won from the victim's seat, i.e., by fraud.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of E and F;
1. Application of Acts and subordinate statutes on a loan certificate or a certificate;
1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;