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A defendant shall be punished by imprisonment for six months.
However, 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. Around July 23, 2010, the Defendant made a false statement to the victim C, “If the Defendant borrowed KRW 4,900,000,00 as the prepaid amount is required to employ fixed foreign players in the D dan run by the Defendant, at the victim C’s residence located in Young-gun building A 203, Young-gu, Young-gu, Seoul.”
However, at the time, the Defendant had no certain income, and had not been paid monthly taxes, taxes, electricity charges, insurance premiums, etc. which amount to KRW 30 million in total, and had not been paid due to the circumstances where there was an individual liability equivalent to KRW 15 million, and even if he borrowed money from the victim, the Defendant did not have an intention or ability to pay the money.
The Defendant received 4,900,000 won from the victim, i.e., the Agricultural Cooperative (E) in the name of the Defendant, for a loan from the victim.
Accordingly, the defendant was given property by deceiving the victim.
2. Around January 10, 2011, the Defendant made a false statement to the victim C, such as Paragraph 1, stating that “If the victim has to pay the victim a full amount of KRW 4,900,00,000, because he/she had to pay the victim a full payment, he/she shall be paid the full payment.”
However, at the time, the Defendant had no certain income, and had not been paid monthly taxes, taxes, electricity charges, insurance premiums, etc. which amount to KRW 30 million in total, and had not been paid due to the circumstances where there was an individual liability equivalent to KRW 15 million, and even if he borrowed money from the victim, the Defendant did not have an intention or ability to pay the money.
The Defendant received 4,900,000 won from the victim, i.e., the Agricultural Cooperative (E) in the name of the Defendant, for a loan from the victim.
Accordingly, the defendant was given property by deceiving the victim.
3. On January 15, 2011, the Defendant made a false statement to the victim’s residence, such as the statement in paragraph (1), stating that “If the Defendant lends money to the victim because he/she did not have any money, he/she shall be paid back immediately.”
However, the defendant was D.