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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. The Defendant borrowed money in the name of improving the PC room facility from the Defendant’s “D” room operated by the Defendant located in Ilyang-gu, U.S. on February 2013, 2013, to the victim E who was in de facto marital relationship with the Defendant, “it is difficult to operate the PC room because it is not good.”
In order to normalize the operation of the PC, the cost of improving the facility was required, such as conducting computer wheels, and the amount of KRW 30 million is required, and the loan was changed.
However, the Defendant, at the time, assumed that the Defendant borrowed 150 million won from a credit service provider or another person to pay the principal and interest of the bonds with the money borrowed from the damaged person, and that the Defendant was able to pay the principal and interest of the bonds with the money, and that the Defendant was scheduled in March 2013 if the Defendant stated that it was the victim.
It was known that the injured party would not continue the marital life of the defendant or will not lend money to the defendant.
Ultimately, the Defendant, by deceiving the victim as above, received the money from the victim on March 4, 2013, KRW 10 million from the victim, KRW 6 million on March 23, 201, KRW 26 million on the 28th day of the same month, and KRW 10 million on the 28th day of the same month from the victim to the single bank account in the name of the Defendant.
2. The Defendant borrowed money under the pretext of paying unpaid management expenses by the PC room in September 2013, from the “D” room in the victim E, “any longer operation of the PC room is difficult.”
It shall be paid with the repayment of the rental deposit.
The unpaid amount of the PC room management expenses is 2970,000,000 won, and the deposit may be refunded.
The court ruled that the victim shall pay his/her debt to the victim after receiving the deposit.
However, even if the defendant borrowed money from the injured party, he/she thought that he/she would pay the above money for the unspecified purpose to the non-party using the account called this branch corporation without paying the unpaid management expenses for the PC, and even if he/she receives the refund of the PC lease deposit, he/she will settle the existing debts to the injured party.