beta
Text
The defendant is punished by imprisonment with prison labor for 8 months with prison labor for the crime No. 2. and No. 3.
Reasons
Punishment of the crime
On September 29, 2011, the Defendant was sentenced to a suspended sentence of 2 months for embezzlement at the Cheongju District Court for 8 months, and the said judgment became final and conclusive on October 7 of the same year. From February 2011 to July 22, 2012, the Defendant served as the head of E F (hereinafter referred to as “F”)’s franchise business entity from February 201 to July 201, and was engaged in business management affairs.
1. Fraud;
A. On June 5, 2011, the Defendant made a false statement to the victim E on the front of the G apartment in Cheongju-gu G apartment, “A complaint is filed against He by embezzlement of his partner gold, and a judgment is rendered two days later, and if not agreed, it may be detained. The head applied for a loan against the NA, which would have been carried out within turbing, because the head applied for a loan against the NA. It would have to be repaid within 2 weeks at the latest. Accordingly, the Defendant would have borrowed 50 million won under the pretext of an agreement.”
However, in fact, the Defendant had no property under his/her own name at the time, and a debt such as taxes, loans, and credit card payment was equivalent to or more than 250 million won, and there was no specific plan for the Defendant to offer a loan to Nonghyup or to lend money to the Defendant. Therefore, even if the Defendant borrowed 50 million won from the said victim under the pretext of agreement, there was no intention or ability to pay the loan.
As above, the Defendant, by deceiving the above victim, received 50 million won from the victim to the passbook in the H’s name on June 7, 2011, and fraudulently acquired it.
B. On July 4, 2011, the Defendant made a false statement to the victim E, “The agreed amount to be paid to H is insufficient. In addition, 50 million won is changed to joint and several sureties. In the joint and several sureties, the Defendant paid 50 million won to the head of the Gu, who was previously lent the loan for the secured loan applied to Nonghyup, and the remainder of the agreed amount shall not be damaged by paying to H.”
However, the facts are that I, the head of the defendant, applied for the secured loan to the Agricultural Cooperative or the defendant.