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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
On July 5, 2013, the defendant was sentenced to a suspended sentence of one year for the violation of the Infant Care Act by the Incheon District Court on the 4th day of imprisonment, and the above judgment became final and conclusive on the 13th day of the same month.
around 15:00 on February 27, 2012, the Defendant entered into a lease contract with respect to the lease deposit amounting to KRW 60 million, and the lease deposit period from February 29, 2012 to March 27, 2014 with respect to the lease deposit amounting to KRW 402,00,000,000,000,000,000 won for the victims E and Kimpo-si Building 402 (hereinafter “the loan”) at the office of licensed real estate agents of 101,00,000,000 won for the victims Hanpo-si Co., Ltd., and the former loan period from February 29, 2012 to March 27, 2014, the Defendant borrowed the loan from Kimpo-si and the future savings Bank of Korea as the maximum debt amount of KRW 19,00,000,000 for the future 20,000,000.
However, since the defendant was economically difficult at the time, even if he received the above lease deposit from the victim, he did not have the intention or ability to cancel the above mortgage since he thought to use it as the operation fund of the childcare center.
As above, the Defendant deceptioned E, and obtained KRW 60 million from the victim on February 27, 2012, and obtained KRW 52,422,080 on February 29, 2012 from the victim to the account in the name of G bank in the name of his/her father, and acquired KRW 1,577,920 on the same day to the account in the name of H of a licensed real estate agent H, and acquired it by deception.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. A complaint, a certified copy of the register, a copy of the loan agreement, a certificate of remittance, a receipt, and a certificate of remittance;
1. Previous records: Application of inquiry reports, written judgments, and final and conclusive certificates and other relevant Acts and subordinate statutes;
1. Relevant Article 347 (1) of the Criminal Act and Article 347 of the Criminal Act concerning the facts constituting an offense;