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A defendant shall be punished by imprisonment for six months.
except that 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
On December 2, 2009, the Defendant made a false statement to the effect that “The Defendant shall lend money to the victim D, operate the tea, and receive interest, and shall pay the principal after one year if he/she becomes well aware of the funeral service.”
However, in fact, the Defendant had a debt amounting to 70 million won with bad credit standing, and was in a state of less than monthly rent and living expenses. Therefore, even if the Defendant borrowed money from the victim, there was no intention or ability to pay the said money within the agreed period.
As above, the defendant deceivings the victim to do so, and 10 million won in cash on the same day under the pretext of borrowing from the victim, and 2 million won in cash at the same place on January 1, 2010, and the same year.
2. Three million won in cash in the same place as a lieutenant, and three million won in cash in the same year.
3. Around 20.20.M., at the home of a victim of the E-building 201, the building was received in cash, respectively, and KRW 30 million was paid in total.
Summary of Evidence
1. Defendant's legal statement;
1. A complaint filed in D;
1. Application of Acts and subordinate statutes governing the storage of cash;
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act (Article 62 (1) of the suspended sentence (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act provides that the amount of damage in the market is significant to the victim, the defendant is unfavorable to the same kind of power for ten years prior to the borrowing), but for one year after the borrowing, interest shall be paid in 1 million won per month according to the promise, in light of the police statement of the complainant, etc.