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A defendant shall be punished by imprisonment for not less than eight 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
[2015 Godan903] On August 30, 2010, the Defendant was issued by the victim C with cash and cashier’s checks in a restaurant where the trade name in the Busan Metropolitan City Shipping Daegu is unknown, and “on the other hand, it is necessary to operate money. If money is lent, it is required to repay money.” The Defendant was issued by the victim by means of cash and cashier’s checks at around that time.
However, at that time, the Defendant did not have any particular property or income, and was obligated to pay approximately KRW 100 million personal debts, and thus, even if the Defendant borrowed the above money from the victim, the Defendant did not have any intent and ability to repay it.
Ultimately, the Defendant, including by deceiving the victim as above and receiving KRW 10 million from the victim, was provided with KRW 10 million on November 26, 2012 from the victim by the same method, and KRW 30 million on November 27, 2012.
[2015 Highest 1140] On April 27, 2013, the Defendant made a false statement to the victim D, stating that “I would pay the time limit to pay the time limit in four months if I lend to the victim D an urgent amount of money.”
However, at the time of fact, the Defendant had already been in excess of KRW 100 million, and was unable to perform the work after undergoing the surgery at the end of 2012, and the husband of the Defendant did not have certain incomes. Therefore, even if the Defendant borrowed KRW 20 million from the victim, there was no intention or ability to repay the debt.
The Defendant, by deceiving the victim as above, received 15 million won from the victim to the Busan Bank Account (F) in the name of the defendant's female student in the same day on the same day, and acquired 20 million won in total by receiving 5 million won from the same account as the loan money on the 29th of the same month.
Summary of Evidence
[2015 Height903]
1. Partial statement of the defendant;
1. C’s legal statement;
1. Police suspect interrogation protocol of the accused;
1.Each.