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A defendant shall be punished by imprisonment for a period of two 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
Criminal facts
【Criminal Power】 On May 21, 2020, the Defendant was sentenced to a suspended sentence of two years for six months for fraud at the Daegu District Court. On July 28, 2020, the said judgment became final and conclusive.
(1) On October 2016, 2016, the Defendant made a false statement to the Plaintiff D, who is a partner, stating that “The Defendant did not sell and sell an apartment in which the company funds fall short of the funds, and did not sell and sell it as a business fund. First of all, if the Defendant borrowed money, he would have repaid the money borrowed as he sells.”
However, in fact, the Defendant did not have any revenue from the company’s financial situation, and the Defendant did not have any apartment under the name of the Defendant, but did not have the apartment under the name of the Defendant, and the said apartment was set up with a maximum debt amount of KRW 80,40,000,00,000 for the above apartment, and it was difficult to obtain consent to the disposition from the spouse because it was difficult for the Defendant to pay monthly rent. Around 8,110,000,000 for the liability to the Daegu Credit Guarantee Foundation was in arrears, and the delinquent national tax was in arrears, and around May 2016, the Defendant did not have any intent or ability to make a full payment, even if having borrowed money to the victim.
On November 3, 2016, the Defendant, by deceiving the victim, received KRW 15 million from the account in the name of the Daegu Bank in the name of the Daegu Bank Co., Ltd., to the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Complaints, statement of loans by victims, statement of funds by victims, recording record, notification of demand for repayment of loans, payment order by the Daegu District Court, full certificate of registered matters, written consent for inquiry of personal credit information, and E reply data;
1. Each report on investigation;
1. Previous convictions: Criminal history records, results of investigation, and judgments of cases which are pending in the appellate court; and