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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 punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 8, 2008, the Defendant rendered credit business to the victim B and received interest from the victim B at a cafeteria which is located in the vice-dong, Bupyeong-gu, Incheon, Bupyeong-gu, Incheon. On the other hand, the Defendant made a false statement that “The principal may be immediately repaid, if necessary, changed the loan of money that can be immediately repaid.”
However, the Defendant was unable to receive a normal repayment from other debtors around that time, and the personal debt exceeds KRW 100,000,000,000,000, and even if receiving money from the victim, it is difficult to operate the credit business normally because it is necessary to use the credit business in repayment of the personal debt. Therefore, even if borrowed from the victim, there was no intention or ability to make a normal repayment.
The Defendant deceiving the victim as above and received KRW 9,500,00 from the victim to the post office account under the name of the Defendant’s designated as the loan money on September 10, 2008, as well as from around that time to May 1, 2009, the facts charged in the instant case amounting to KRW 215,674,00 in total over 56 times, such as the statement in the crime list from around 215,687,90, but is stated in the sum of KRW 215,687,90, among the amount obtained by fraud listed in the separate sheet Nos. 34, 35, and 1,700, 36, and 500, out of each amount obtained by fraud listed in the separate sheet No. 34, 36, and 56,000, as the transfer fee accrued at the time of
(2) The remittance was transferred and acquired by fraud.
Summary of Evidence
1. Court statement of the defendant (the date on which the eighth trial is made);
1. Each legal statement of witness B and D;
1. Each report on investigation;
1. Each loan transaction contract and a certificate of borrowing;
1. Inquiry into the details of deposit and withdrawal transactions, written confirmation of the results of electronic financial transfer, inquiry into the details of financial transactions, financial transaction information, and each details of transactions;
1. Application of statutes governing credit assessment inquiry;
1. Relevant Article 347 (1) of the Criminal Act and the choice of punishment for the crime;
1. The Criminal Act, the suspension of execution;