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A defendant shall be punished by imprisonment for one year.
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
Even if the defendant borrowed money from the victims for the purpose of excessive business financing, there was no specific plan to commence the over-person industry, and there was no intention or ability to repay the borrowed money and interest because he thought that the above money was used for personal purposes, such as repayment of debts and living expenses.
1. On April 22, 2010, the Defendant made a false statement to the victim F at the Seocho-gu Seoul Seocho-gu Seoul Seocho-gu E Group “A lend money to the victim F. It is necessary to pay the principal with a high interest if the Defendant borrowed money.”
The defendant, from the victim F, KRW 13.8 million on the same day, and KRW 6.9 million on the 23th of the same month, to the national bank account under the name of the defendant; KRW 400,000 on the 29th of the same month to G bank account under the name of G; KRW 5.6 million on the 29th of the same month; and
6. 1.2 million won was transferred to the Defendant’s own bank account, respectively, and acquired a total of 26.3 million won.
2. On May 26, 2010, the Defendant made a false statement to the victim H that “a money needs to be lent to the victim H in the instant E-A-A-A-A-A-A-H. It would be repaid with a high interest on the loan of money.”
The Defendant, from the victim H, to the national bank account in the name of the Defendant, of KRW 4.9 million on 27.4.9 million on the same month, and KRW 5 million on 28.5 million on the same month, and the same year.
9.1. 2.4 million won and 2. 2.5 million won of the same month were transferred to the Defendant’s account in the name of the Defendant, respectively, and acquired a total of KRW 14.8 million by fraud.
3. On November 9, 2010, the Defendant made a false statement to the victim I at the above E-A-A-person shop stating that “The Defendant would lend money to the victim for the excessive business. The Defendant would pay the principal along with the high interest on the loan of money.”
The Defendant, from the victim I, to the Korean bank account with the name of the Defendant, KRW 15.86 million on the same day, and January 4, 201 to the national bank account with the name of the Defendant, and the same year.
5. 26.2 million won under the name of the defendant.