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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
(e).
Reasons
[Judgment of the court below] The crime history
1. The Defendant committed the crime of July 24, 2014 lent 15 million won to the victim D at Citti Bank located in Seocho-gu Seoul Metropolitan Government Yang Jae-dong around July 24, 2014 (hereinafter “Cita Bank”) as collateral for five copies of household checks. The Defendant shall pay interest of 2.5% per month to the victim, and the principal shall be repaid after three months.
“A false statement was made to the effect that it was “.”
However, at the time, the Defendant did not have any property that he had to do, but rather, was liable for a debt worth approximately KRW 350 million and approximately KRW 160,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,000,00,00
The defendant deceivings the victim as above, and he obtained 15 million won in cash from the damaged person, i.e., he obtained 15 million won from the victim.
2. The Defendant, who committed the crime on August 12, 2014, would be liable for repayment three months after lending the victim “20 million won to the victim at a place where it is impossible to identify the place of light on August 12, 2014.
Interest shall be paid 2.5% per month.
“The purpose of “ was to make a false representation.”
However, even if the defendant borrowed money from the injured party for the reasons of Paragraph 1, he did not have any intention or ability to repay the money according to the promise.
The defendant deceivings the victim as above and acquired the total amount of KRW 20 million from the victim to the corporate bank account (E) in the name of the defendant.
Accordingly, the defendant deceivings the victim more than twice in total and acquired 35 million won in total.
Summary of Evidence
1. A protocol concerning the examination of partially the police officers of the accused;
1. Legal statement of the witness D;
1. Application of Acts and subordinate statutes to inquire about a copy of a loan certificate, a copy of household check, a statement of transaction, a bank transaction statement, and details of delivery of household checks;
1. Relevant Article of the Criminal Act and the choice of punishment for the crime;