beta
Text
A defendant shall be punished by imprisonment for nine months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
around July 2013, 2013, the Defendant called the victim C at a location of the Dongdaemun-gu Seoul Metropolitan Government (hereinafter referred to as the “Seoul East-gu Office”) and paid the amount from the Customer if the Defendant borrowed KRW 15,00,000 as necessary for the purchase of the original unit, and paid it within one week.
“A false representation was made.”
However, the purpose of fact was to use the above money to repay bonds, not to purchase the original purchase, and since the existing debt was over KRW 50,000,000 due to the failure to pay the money at the time, there was no intention or ability to pay the money after using the money in accordance with the purpose even if the money was borrowed from the injured party.
On August 1, 2013, the defendant deceivings the victim as above and was delivered KRW 15,00,000 to the bank account (D) in the name of the defendant under the name of the victim.
[2017 Highest 7254] Defendant will pay 10% interest per month to the victim in the residence of the victim B in Vietnam on March 2017.
The phrase “ makes a false statement.”
However, in fact, the defendant had a purpose to gambling or use most of the above money for living expenses. Since the previous debt was about KRW 83,50,000,000, there was no intention or ability to repay the debt even if he borrowed money from the injured party.
The Defendant received KRW 30 million,00,000,000 from the injured party, on March 27, 2017, via the Agricultural Cooperative (F) account in the name of E, and the post office account (H) account in the name of G, on March 28, 2017, and KRW 9.5 million on March 29, 2017, respectively, on four occasions, including receiving KRW 500,000,000 in cash from the Vietnam office on March 29, 2017.
Summary of Evidence
1. The defendant's oral statement " 2017 Highest 6407";
1. Statement made by the police against C;
1. Detailed statement of transactions of savings deposits "2017 Highest 7254";
1. Application of the police statement protocol law to B
1. Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act, the punishment of imprisonment with prison labor for the crime; and