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1. The defendant shall be punished by imprisonment with prison labor for ten months;
2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;
Reasons
Punishment of the crime
1. Fraud of loans;
A. On July 2013, 2013, the Defendant employed the victim E in the “D” restaurant located in Seongbuk-gu Daejeon-gu Daejeon.
The air conditioners shall show the air conditioners and the air conditioners shall directly operate the air conditioners.
In order to operate a house with a loan due to the occurrence of damages, it is necessary to clean the loan and loan 60 million won as collateral. It is false to the effect that the loan is extended at the time of loan maturity. The loan is extended and the interest shall be paid, and the loan shall be repaid at the time of loan maturity.
However, even if the Defendant borrowed 60 million won from the injured party, the Defendant thought that he had liveded at the time of 30 million won not to use it for full repayment of his obligation, but did not have any intention or ability to repay even if he borrowed money from the injured party due to no particular property or income at the time.
The Defendant, as such, by deceiving the victim, received 60 million won from the victim as collateral a loan from the victim’s house, to the Agricultural Cooperative Account in the name of the Defendant around July 22, 2013.
B. On October 2014, at the same place as in paragraph 1, the Defendant, at the time of the Non-Fashion No. 201, stated that “The Defendant received the loan of KRW 20,000,000 from the said victim for the necessity of operating the cooling house, and paid the principal of the loan at the maturity, and paid the principal of the loan at the maturity.”
However, the Defendant was a restaurant operator at the time, and there was no intention or ability to repay the amount of KRW 20 million borrowed from the injured party as well as the amount of KRW 20 million, which he borrowed from the injured party, even if he borrowed money from the injured party.
The Defendant, as such, by deceiving the victim as such, received KRW 20 million from the injured party who received the sunlight loan from the injured party, and was transferred to the new cooperation account in the name of the victim used by the Defendant around October 14, 2014.
(c)
On March 2015, the Defendant: “A house with air conditioned air conditioned” to the victim at a place in an influence.