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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On September 23, 2015, the Defendant was sentenced to the suspension of the execution of the imprisonment with prison labor for six months at the Changwon District Court on September 23, 2015, and the said judgment became final and conclusive on October 1, 2015.
1. The Defendant, at the victim D’s office located in Jinju-si around December 18, 2012, lent KRW 40 million to the victim’s office in Jin-si, “If the right to collateral security has been created on Jin-si E apartment, he/she would have settled the right to collateral security of the E apartment, and then receive money from the victim again by the end of December 2012.
“The purpose of “ was to make a false statement.”
However, in fact, the Defendant was obligated to repay the debt of KRW 70 million to the creditor F who created the right to collateral security to E apartment complex, so it was not possible to cancel the registration of collateral security even if it was loaned KRW 40 million to the creditor, and there was no asset at the time, and there was no other place to prepare money due to the aggravation of financial status. Therefore, even if the Defendant borrowed money from the victim, there was no intention or ability to repay the debt.
In the end, the defendant deceivings the victim as such and obtained the delivery of KRW 40 million from the victim, i.e., the victim.
2. On March 4, 2013, the Defendant lent the amount of KRW 10 million to the victim D in a mutually infinite coffee shop located in the counter-dong at the time of Jinju, to the extent that: (a) “The amount of KRW 40 million is liable and reimbursed; (b) the amount of KRW 100,000,000,000,000,000,000,000,000,000,00
“The purpose of “ was to make a false statement.”
However, in fact, the deposit of the case in which G is pending, there was no collateral value due to the establishment of the attachment and assignment order in H, and the defendant did not have any property at the time, and there was no other place to pay money due to the aggravation of the financial status, so even if he borrowed money from the damaged party, there was no intention or ability to pay it
As a result, the Defendant, by deceiving the victim as such, was living together with the victim in person.
I. .