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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
[criminal power] On August 30, 2019, the Defendant was sentenced to imprisonment with prison labor for one year and two months and a fine of five million won at the Suwon District Court for fraud, and the said judgment became final and conclusive on September 7, 2019.
【Criminal Facts】
Around January 5, 2017, the Defendant stated that “E loans to the victim for the amount of KRW 20 million,00,000,000,000,000,000,000,000 won is to be paid in advance,” in the “D’s “D” store operated by the victim C in Ansan-si B.”
However, in fact, the Defendant did not have any particular property at the time when he was bad credit, and was liable for a large amount of debt due to the operation of the clothes shop operated by the Defendant, etc., the Defendant paid the money borrowed from the victim to another obligee and repaid the debt in the so-called “defacing” form to repay the money from another person. Around that time, the Defendant had a very little possibility of receiving the fraternity money due to the unpaid payment due to the shortage of the fraternity, death, etc., even if he borrowed the money from the victim, he did not have the ability to repay it.
Accordingly, the Defendant, by deceiving the victim, received 4 million won from the victim to the G bank account in the name of F on the same day from the victim, and received 4,7110,000 won in total on six occasions from May 2, 2017, such as the list of crimes in the attached Table, from around May 2, 2017.
Defendant
In addition, while recognizing the fact that the defendant borrowed money from the victim, the defendant recognized the defendant's credit standing, and the defendant did not deceiving the victim about his ability to repay.
However, according to the evidence duly adopted and examined by this court, the defendant is in the investigation of the investigative agency, and the defendant pays his debt well.