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A defendant shall be punished by imprisonment for not less than two months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
(e).
Reasons
Punishment of the crime
On July 24, 2008, the Defendant would pay interest on five (5) parts of the month to the victim in the “D’s clothes” of the victim C operation in Sacheon-si B.
The husband made a false statement that "it can be repaid because her husband knows."
However, the Defendant, at the time, did not notify her husband E of the lending of money, borrowed money to pay interest on about 35 million won already borrowed from her husband or to use it as living expenses. Since there was no property owned by the Defendant and no certain income was available, there was no intention or ability to repay the money even if she borrowed money from her husband E.
Nevertheless, the defendant deceivings the victim as above and received KRW 5,100,000 from the NongHyup Bank account (Account NumberF) in the name of the defendant on the same day from the victim, and also received a total of KRW 1,4920,000 from around that time to June 19, 2009, as shown in [Attachment] Nos. 15 to 20,000,000 from around June 19, 2009.
Summary of Evidence
1. Each legal statement of witness C and G;
1. A protocol concerning the preparation of examination of the accused;
1. A copy of each borrowed document and each copy of each written statement [The defendant, according to the evidence above, did not have a way for the investigative agency to pay the victim the debt with the exception of the husband's real estate and monthly income.
Since it is recognized that the husband of the defendant has refused to pay the principal and interest to the victim, even if he/she borrowed the principal and interest from the victim at the time of the loan of this case, the defendant deceiving the victim as if he/she did not have the ability to pay the principal and interest.
The defendant was aware that the defendant was not capable of repaying the defendant.
However, the injured party was aware that he/she did not have the ability to repay his/her money in excess of 50 million won.
No. 3.