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A defendant shall be punished by imprisonment for four 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
In fact, the Defendant: (a) since 2009, as danran had been operated from around 3 million won each month, paid a 3 million won of credit to the building owner; (b) all of the deposits had to be appropriated for monthly rent delayed payment to the building owner; (c) personal debt was over KRW 90,000,000; and (d) due to delinquency in payment of interest and in arrears, etc.; (b) even if having borrowed money from another person as business fund, he was willing to use money as business fund without using it as a whole; (c) there was no intention or ability to repay borrowed money due to the lack of reason for the business situation to be favorable; (d) the above Garan was operated independently by the Defendant, but the name of the Defendant was good credit, and (e) around May 10, 2010, it was necessary to resume the business by obtaining it from the above company’s representative director, a limited liability company E branch in Dobong-gu Seoul Metropolitan Government, to the Defendant’s account of KRW 1000,00,000.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the suspect examination of the accused;
1. Statement of the police statement to K;
1. Application of loan certificates, printed notes, business registration certificates, and deposit certificates in Acts and subordinate statutes;
1. Article 347 (1) of the Criminal Act applicable to the crimes. Article 347 (1) of the Criminal Act;
1. It is so decided as per Disposition for not less than Article 62(1) of the Criminal Act (i.e., the fact that the defendant repents his mistake, that the victim does not want the punishment against the defendant by mutual consent with the victim, and that the defendant has no record of criminal punishment exceeding the fine).