Text
A defendant shall be punished by imprisonment for not more than ten months.
except that 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. Around 15:00 on June 7, 201, the defrauded made a false statement to the victim C at the Busan Bank located in the Busan Seo-dong, Busan Seo-gu, Busan, that “if the Defendant borrowed only 10 million won to open a house, he would pay the said money even if he would deduct 120 million won from the deposit money for the apartment deposit.”
However, in fact, at the time, the defendant was at the time the rental deposit for the apartment house was at KRW 10 million, and the monthly rent and management fee for up to six months were unpaid, and there was no special property and there was a debt equivalent to KRW 4 million, and thus there was no intention or ability to repay the money even if it was borrowed from the victim.
The Defendant was given KRW 10 million from the victim as the borrowed money.
The Defendant, from around that time to October 20, 201, deceivings the victim and received a total of KRW 81 million over seven occasions as shown in the attached list of crimes, as shown in the attached list of crimes.
Accordingly, the defendant was given property by deceiving the victim.
2. The Defendant evaded compulsory execution, as described in paragraph 1, borrowed KRW 81 million from the victim C and did not repay it within the due date, and the complainant applied for a payment order to the Busan District Court on November 30, 201, and on January 17, 2012, the payment order became final and conclusive on March 29, 2012, and the attachment order was issued on the settlement passbook (account) operated by the Defendant.
On April 2013, the Defendant changed the settlement passbook of the card terminal to E account, which is a parent of the Defendant, in order to escape seizure against the credit card terminal settlement passbook attached to the Defendant.
Accordingly, the defendant concealed property in order to escape compulsory execution.
Summary of Evidence
1. Partial statement of the defendant;
1. Application of C’s statutory statement law
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 347 (1) and 327 of the Criminal Act that choose a penalty, and imprisonment with prison labor;
1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.