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A defendant shall be punished by imprisonment with prison labor for up to 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. On November 1, 2010, the Defendant conspired with C, saying, at Annsan-si, Ansan-dong, the Defendant stated to the effect that “We will lend money to the victim as an office deposit in return for the second and second trading of the vehicles, and at the same time, you will be aware of the interest that the principal would be repaid within one month.”
However, even if the defendant and C borrowed the above money from the victim, they did not have any intention or ability to repay it within a short period, and the defendant was planned to use the above money for casino gambling funds.
As above, the Defendant, in collusion with C, by deceiving the victim, and by deceiving the victim, received KRW 3 million from the victim to E account on November 8, 2010, and acquired KRW 67,100,000 in total on six occasions on December 21, 2010, as shown in the crime list by December 21, 2010.
2. On October 5, 2010, the Defendant issued a false statement to the victim F with the “Gangland,” which reads that “The Defendant has set up a deposit of KRW 6 million in the passbook in charge of the liquor value management of the singing room in which he works in the country,” with the head of the Tong and the cash card. As soon as he arrives at his usual home, he withdraws KRW 5 million from the head of the Tong and lends money to him.”
However, at the time, the Defendant did not have to deposit KRW 6 million as above, and even if he borrowed money from the victim, he did not have the intention or ability to repay it within a short period.
Nevertheless, the defendant deceivings the victim as above and acquired 5,000,000 won as the borrowed money from the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police suspect interrogation protocol regarding C;
1. Statement made by the police in relation to D or F;
1. Application of each Act or subordinate statute to the suspect AFC transaction statement, and each of the statement of account transaction of suspect C community credit cooperatives;
1. Relevant Articles of the Criminal Act and the choice of punishment for the crime, respectively;