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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On April 2009, the Defendant made a false statement to the victim E, “I will establish a new factory and make a new construction of a new factory building, and prepare documents to obtain a loan as security, and receive a loan in F’s name in order to obtain a loan in the name of Kim Won-gu, while I would lend the overdue interest and principal amount of the loan in the name of F, then I would then make a new construction of the factory as security and make a repayment for the loan.”
However, in fact, even though the Defendant owned a farm equivalent to KRW 50 million at the time, but did not have a debt to KRW 40 million, and even if the construction of a new factory building was conducted, it was thought that the amount of the loan provided as collateral was appropriated for the construction cost, so there was no intention or ability to repay even if he borrowed money from the victim.
The Defendant, by deceiving the victim as such, received 16 million won from the victim to the Agricultural Cooperative Account of F on the 21st of the same month.
2. On November 13, 2009, the Defendant made a false statement to the victim at the same place as indicated in the above paragraph (1) stating that “If 4 million won is loaned for the purchase of materials to construct, as the factory is completed, the Defendant will settle the loan up to the borrowed money before receiving the loan on security.”
However, in fact, there was no intention or ability to repay even if the victim borrowed money as stated in paragraph (1) above.
The Defendant, by deceiving the victim as such, received 4 million won from the victim to the NongHyup Bank account in the name of F on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes concerning police statements to E;
1. Article 347 (1) of the Criminal Act applicable to the crimes;
1. Article 62 (1) of the Criminal Act on the suspension of execution (including the fact that there is no record of punishment for the same crime);