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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On June 5, 2013, the Defendant: “Around Songpa-gu in Songpa-gu Seoul Metropolitan Government, at the DMa-gu shop, the victim E lent the 10-paid interest loan at the present time, and the 5 million won loan at the rate of KRW 500,000 per day, the Defendant would repay the 60,000 won per month.”
However, the Defendant had been bad credit standing in a state equivalent to KRW 20 million at the time, and even if the Defendant borrowed money from the damaged party due to no particular property or income, he did not have the intent or ability to repay it.
Nevertheless, on June 5, 2013, the Defendant, as seen above, received KRW 5 million from the victim to the bank account (G) account (G) with the F name designated by the Defendant around June 5, 2013 from the victim, and received KRW 5 million under the name of the loan from the victim, from then on to December 2015, the Defendant acquired the total amount of KRW 20,930,800 through six times, as shown in attached Table 1.
2. The Defendant, around July 6, 2012, has a lack of money to operate a store with the victim “at home” at the J office operated by the victim I in Songpa-gu Seoul Metropolitan Government H.
When a person lends KRW 10 million to another person, he/she shall be paid the money when he/she disposes of it.
The monthly interest was paid in three equal installments.
However, the Defendant had been bad credit standing in a state equivalent to KRW 20 million at the time, and even if the Defendant borrowed money from the damaged party due to no particular property or income, he did not have the intent or ability to repay it.
Nevertheless, the Defendant: (a) by deceiving the victim as above and receiving KRW 2 million from the victim to the K account on July 6, 2012; and (b) from around August 8, 2013, the Defendant acquired the total amount of KRW 8 million from the time to August 8, 2013 through the issuance of KRW 3,00,000,000, as shown in attached Table 2.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness E and I;
1. A protocol concerning the interrogation of suspect with respect to F;
1. Investigation reports (Submission of a detailed statement of transactions which are the complainants).