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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On December 3, 2013, the Defendant made a false statement to the effect that “The Defendant would repay money by the end of December, 2013, if he/she lent money to the injured party B, from the Dong Kim Jong-gu, Geum-gu, Kim Jong-gu, a gold-gu, 2-7, a gold-gu, a gold-ro, a gold-ro, a gold-ro, a gold-ro, and the victim B.”
However, in fact, the Defendant did not have any intent or ability to pay the above amount even if he borrowed the above amount from the injured party, since the Defendant had a debt exceeding 40 million won at the time of the lending, and the debt was over 100 million won due to illegal sports gambling to repay it.
Nevertheless, the Defendant received 6 million won from the injured party to his own agricultural bank account (C) on the same day.
Accordingly, the defendant was given property by deceiving the victim.
2. Around January 2014, the Defendant made a false statement to the effect that “The Defendant would lend money rapidly to the victim D and make payment within two months.”
However, in fact, the defendant had a debt of KRW 150 million at the time, and there was no reason to repay interest and principal. Therefore, even if he borrowed the above money from the injured party, he did not have an intention or ability to repay it.
Nevertheless, the defendant received the agricultural bank passbook from the injured party, and withdrawn 4 million won from the above passbook.
Accordingly, the defendant was given property by deceiving the victim.
3. Around February 17, 2014, the Defendant made a false statement to the effect that “The Defendant would make a repayment by the end of March, if he/she lends only three million won as he/she has been urgently used.”
However, in fact, the Defendant was in excess of the obligation as above at the time, so even if he borrowed the above money from the injured party, he did not have the intent or ability to repay it.
Nevertheless, the defendant, who belongs to the defendant, is on his own seat from the injured party.