Text
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 April 25, 2009, the Defendant called the victim C’s dynamics D using a mobile phone from the French land located in the Si of Jung-Eup on April 25, 2009 to the victim’s dynamics through D through D.
When lending money, it was false that the 10th of each month interest will be paid and the principal will be paid.
However, in fact, the defendant was living separately from her husband in 2003, and the debt amount of KRW 120 million without any special property or income at the time is equivalent to KRW 120 million, and even if he borrowed money from the damaged party, there was no intention or ability to repay it.
Nevertheless, on April 27, 2009, the defendant deceivings the victim as above and received 20 million won from the victim to the Agricultural Cooperative Account (F) in the name of the defendant's father E in the name of the defendant's father around April 27, 2009 to transfer money to the victim's property.
2. On May 1, 2009, the Defendant stated on April 30, 2009 that “The Defendant would set up a collateral security and repay the full amount in full to the victim C’s houses currently live in the country of loaning KRW 20 million from the date following the following day” from the mutual influent tea house located in the Si/Gu of Jung-si.
However, apartment buildings purchased by the defendant under the name of his/her father (the market value shall be equivalent to KRW 80 million) were established on April 27, 2009 by designating agricultural cooperatives as creditors, and the maximum amount of KRW 66 million was set up on April 27, 2009. At the time, since the defendant had a debt to the defendant without any special revenue amounting to KRW 120 million, even if the defendant received money from the injured party, the defendant did not have any intent or ability to set up the right to collateral security on his/her house, or to repay the debt.
Nevertheless, the Defendant, as seen above, received a remittance of KRW 20 million under the name of borrowed money from the victim who deceivings the victim and is affiliated therewith to the account as described in paragraph (1) around May 1, 2009, and received the victim’s property from the victim.
Summary of Evidence
1. The defendant's person;