Text
A defendant shall be punished by imprisonment for six 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
On April 18, 2014, the Defendant was sentenced to four years of imprisonment for a crime, etc. at the Daegu District Court, and the said judgment was finalized on April 26, 2014. On July 14, 2015, the said judgment became final and conclusive on July 22, 2015, which was sentenced to two years of suspension of the execution of imprisonment for a crime of fraud in the credit branch of the Suwon District Court. On April 6, 2015, the said judgment became final and conclusive on August 29, 2015.
Criminal facts
1. On May 27, 2012, the Defendant told the victim C’s house located in Daegu-gu Dong-gu Dong-gu, that “I will use and repay only two months if I have distributed agricultural and fishery products, and have borrowed money necessary for the distribution business. I will also pay the interest every month. I will use only two months and complete payment.”
However, the defendant had no intention or ability to pay interest on a timely basis even if he/she borrowed money from the victim with a large amount of debt already borne by the defendant.
Around May 31, 2012, the Defendant, by deceiving the victim as above, received KRW 30 million in cash from the victim, in front of the E on the road located in Daegu Northern-gu, Daegu Northern-gu from the victim, and acquired it by fraud.
2. Around June 4, 2012, the Defendant provided that, in front of the victim’s house located in Daegu-gu Dong-gu Dong-gu Dong-gu-gu-gu-gu-gu-B, the Defendant provided that “if there is any money, she shall lend only the money to him/her, and he/she shall first lend it to him/her with KRW 30 million.”
However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.
Around June 5, 2012, the Defendant, by deceiving the victim as above, obtained KRW 10 million from the victim’s house before the victim’s house, and acquired it by fraud.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement of C by member trading account in the police statement statement; and
1. Previous convictions in judgment: Criminal records, investigation reports (Evidence No. 13) and application of statutes governing judgment;
1. Relevant Articles of the Criminal Act and the choice of punishment for the crime, respectively;