Text
A defendant shall be punished by imprisonment for not less than eight months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On April 20, 1998, the Defendant committed the crime against the victim B, the victim B, at the victim B’s house located in Naju City, Dong-si, Dong-si, stating that “If the business fund is required, 5 million won shall be repaid immediately.” The interest shall be paid in two equal installments.
However, at the time of fact, the defendant did not have the intention or ability to pay the principal and interest properly even if he borrowed money from the victim due to the lack of good selling of the restaurant operated by the defendant.
Nevertheless, as above, the Defendant, as well as the Defendant, by deceiving the victim and being delivered KRW 5 million on the same day from the victim, shall be subject to the attached list of crimes from that time until February 2002.
1. A total of KRW 45 million, as described, was obtained on six occasions and acquired by fraud.
2. Around 09:30 on January 9, 2003, the Defendant of the crime against the victim D told the victim D to “a traffic accident is required to be agreed upon. If the Defendant borrowed, he/she will be repaid without a mold three months after the loan. It will also be repaid as soon as possible.”
However, at the time of fact, the Defendant was in excess of his/her obligation by failing to repay the money as stated in Paragraph 1, and the restaurant operated at the time was not suitable for sale, and thus, there was no intention or ability to repay the money properly even if he/she borrowed money from the victim.
Nevertheless, as above, the defendant deceivings the victim as above and acquired 5 million won on the same day from the victim and 3 million won on January 24, 2003 from the victim.
3. On May 25, 2002, the Defendant committed the crime against the victim G calls from the victim G in the Nam-gu Yangyang-dong, Nam-gu, Nam-gu, Gwangju, to the effect that “The principal shall be paid in two copies if he lends 2 million won, and the principal shall also be paid in full without any mold when he demands the repayment.”
However, at the time, the defendant cannot repay the money as stated in paragraph (1).