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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
1. On October 15, 2015, the Defendant loaned the money to the victim D so that he/she may recover KRW 30,000,000 from the money so that he/she may recover KRW 20,000,000,000 from the money, at the “C cafeteria” operated by the Defendant on October 15, 2015, the Defendant would pay KRW 100,000 per month to the Plaintiff and pay the money to the Defendant with the deposit and premium.
“A false statement” was made.
However, the facts were that the defendant was in a state of being operated in a hostile state because he was not well-beingd, and there was no intention or ability to pay to the victim normally even if he borrowed the above amount from the defendant because he was liable to other creditors for the debt of KRW 50 million.
Nevertheless, the Defendant received 20 million won from the injured party in cash on the same day.
Accordingly, the defendant was given property by deceiving the victim.
2. On December 22, 2015, the Defendant, at the above C cafeteria, shall be liable for the Defendant’s penalty with full repayment of KRW 10 million (10 million) to the said cafeteria.
I would like to pay the money with a security deposit and premium if I would like to make a statement before the loan of 10 million won.
The phrase “ makes a false statement.”
However, in fact, the defendant was in a state of being operated in a hostile state because he was not well-beingd, and even if he was liable to other creditors for the debt of KRW 50 million, he did not have an intention or ability to pay the victim normally even if he borrowed the above payment from the injured party.
Nevertheless, the Defendant received KRW 10,000,000 from the injured party to the Agricultural Cooperative Account of the Defendant on December 22, 2015.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. The investigation report (suspect A-.