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Defendant
A shall be punished by imprisonment for six months.
However, for two years from the date this judgment became final and conclusive, the above sentence against Defendant A.
Reasons
On April 26, 2012, the Defendant concluded a false statement to the effect that “The Defendant would pay the principal not later than February 25, 2013 by paying interest at 2.5% per month to the victim G from F Real Estate located in Suwon-si E (Defendant A).”
However, the Defendant indicted the Defendant that he had no particular property other than H apartment located in the name of his spouse B (the publicly announced price of apartment units as of January 1, 2012 of the above apartment units was equivalent to KRW 59 million) and the Defendant had two personal creditors at the same time, with a total of KRW 90 million loan obligations and joint and several liability obligations, and the prosecutor had a total of KRW 130 million loan obligations against the above three individual creditors at the same time, and there was no other evidence to acknowledge that the Defendant had a total of KRW 130 million loan obligations against the above three individual creditors at the same time,” among the prosecutor’s examination protocol against the Defendant, “The Defendant had a liability of KRW 60 million to I, and KRW 30 million to K, KRW 40 million to K, and KRW 40 million to K on the basis of the Defendant’s statement (Evidence record No. 220). However, there was no other evidence to acknowledge that the Defendant’s obligation to K was incurred before 29 December 26, 2019.
Therefore, we recognize the above facts constituting the crime:
③ The credit loan obligations to financial institutions, such as a lot capital loan, KEL loan, credit card loan, etc., and credit card payment obligations were not fully repaid, and ④ since the loan of money from the victim was in a state of not guaranteeing that future revenues are certain, there was no intent or ability to repay the loan within a given period.
As above, the Defendant indicted the victim by deceiving the victim and receiving the "one copy of the check of KRW 50 million" from the victim, which is the sum of KRW 50 million and the cash inspection.