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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On January 19, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act at the Seoul Central District Court on August 19, 2012, and three years of suspension of execution was finally decided on May 21, 2012.
1. On May 25, 2007, the Defendant concluded on May 25, 2007, that “A” Chinese restaurant operated by the Defendant on the second floor of building B in Namyang-si, Namyang-si, 2007, and that “In the Republic of Korea, the Defendant borrowed money from the Defendant by disposing of the said restaurant and selling the said restaurant if he borrowed KRW 50,000,000,000 for the interior of the restaurant.”
However, in fact, even if the victim borrowed the above money, there was no intention or ability to pay the interest.
As above, the Defendant deceivings the victim as above and acquired 50 million won from the victim, namely, i.e., e., the victim.
2. On June 2007, the Defendant, at the end of the horse of June 2007, made a false statement to the Defendant “C” restaurant in the “C,” and the victim D, stating, “The victim D lend 4 million won to the victim’s interior cost of the C’s restaurant. If the Defendant, after completing the test, sold the above restaurant, borrowed money by disposing of the restaurant, and paid 3rd interest.”
However, in fact, even if the victim borrowed the above money, there was no intention or ability to pay the interest.
Around June 2007, the Defendant, by deceiving the victim as above, received 4 million won from the above restaurant around the end of June, 2007, and acquired it by fraud.
Summary of Evidence
1. Statement of the accused in the first protocol of trial;
1. A protocol concerning the suspect examination of the accused;
1. Statement of D police statement;
1. Certificate of borrowing or statement of money (Evidence No. 6, 7 pages of the evidence);
1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (report on filing of criminal records of a suspect's stay of execution decisions) and statutes;