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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Around July 2007, the Defendant made a false statement to the effect that “The Defendant shall use only three months if he/she lends KRW 100,000 to the victim C,” at the instant coffee shop located in Seongbuk-si, Sungnam-si.
However, in fact, at the time of bad credit, the Defendant was in excess of the total amount of KRW 3.5 billion in the principal of the obligation to financial institutions at the time of bad credit, and (D) at the time was in excess of the management status, and became insolvent on February 28, 2008, and there was no intention or ability to repay the borrowed amount to the victim, such as not making any profit or transferring it to others by auction, even if the Defendant was not in preparation for the management.
As above, the Defendant, by deceiving the victim, received KRW 100 million from the victim on July 2, 2007 as the borrowed money.
2. At the end of October 2007, the Defendant left a factory of the above victim's 's place of order' at the sub-dong and sub-dong of Sungnam-si, Sungnam-si, and there is no money because the Defendant left the factory of the above victim's place of order.
US$2-3 will be refunded at the end of 2-3 months on the loan of the children studying abroad who are in need of school expenses.
‘A false statement' was made.
However, in fact, at the time of bad credit holder, the defendant was in excess of the debt amount of 3.5 billion won in total, even though he was in excess of the debt amount of 3.5 billion won in the financial institution. (D) which was in operation at the time has deteriorated management situation, and became insolvent on February 28, 2008, and (e) the defendant was in preparation for operation, and there was no intention or ability to repay the borrowed amount to the victim, as he did not make any profit or transfer it to others by auction.
On November 7, 2007, the Defendant, by deceiving the victim as above, received US$50,00 from the victim as the loan money.
Summary of Evidence
1. Defendant's legal statement;
1. The public prosecutor’s statement concerning the F;
1. C.