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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On September 3, 1983, the Defendant was a U.S. citizen with the same U.S. citizenship, who was a U.S. citizen with the same U.S. citizenship, and was aware of the Defendant’s work in the U.S. military unit of Yongsan
1. On November 22, 2010, the Defendant, in Yongsan-gu, the victim’s house, made a false statement that “If 9.3 million won is lent to the victim, 9.3 million won is to be repaid until December 22, 2010, if 9.3 million won is extended to the victim without any intent or ability to repay the money even if he/she borrowed money, the Defendant received KRW 9.3 million from the victim’s bank account in the name of the Defendant on the same day.
2. On January 7, 2011, the Defendant made a false statement to the said victim that “If only 4.75 million won is lent by the same method, the Defendant would complete payment of KRW 15 million including the borrowed money before January 22, 2011,” and received KRW 4.75 million from the Defendant’s account.
As a result, the Defendant received KRW 14 million from the victim twice.
Summary of Evidence
1. The defendant's partial statement in court (the denial of a crime committed by letter);
1. Part of the prosecutor's protocol of examination of the defendant
1. Statement to C by the police;
1. A copy of the loan certificate (two copies), the copy of the passbook and the defense counsel denied the criminal intent of defraudation by refusing to receive money from the victim E, but the following circumstances acknowledged by the evidence that the defendant did not have any particular occupation at the time of borrowing money from the victim, i.e., the defendant did not have any other property at the time of lending money from the victim, and even if the defendant asserts that he borrowed money from the victim E, there was no repayment plan as to how to repay the above money, how to how to pay the money to the victim, and how to pay the money to the victim if E did not pay the money to the defendant, and how to pay the money to the victim more than 4-5 years thereafter.