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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 becomes final and conclusive.
Reasons
Punishment of the crime
On February 19, 2010, the Defendant stated that “E obtained the right of the company to permit the installation of a game room in the national tourist hotel and in the Jeju-do tourist hotel on the Ministry of Culture and Tourism and received the shares in the installation of a tourist hotel in the Jeju-do tourist hotel.” The Defendant borrowed a lease contract of KRW 85 million for lease on a deposit basis as security and borrowed a loan of KRW 5 million for operating funds. The money will be immediately repaid within one month.”
However, the facts are that E company did not obtain the right to permit the installation of a game room in the national tourist hotel in the Ministry of Culture and Tourism, and the defendant did not receive the share in the installation of a game room, and even if the defendant borrowed the money by being provided as security from the victim as above, he did not have any intention or ability to repay it at all.
Nevertheless, as above, the Defendant deceiving the above victim, and then, around February 20, 2010, the Defendant provided the above charter contract to G as security at the Goyang-dong-gu Frandong-gu Seoul Metropolitan City Franchis shop, and obtained the above charter contract amounting to KRW 45 million from G to transfer KRW 5 million in total.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement of the witness D;
1. A protocol concerning the examination of the accused by the prosecution (including the cross-examination part);
1. Application of Acts and subordinate statutes to the protocol of prosecutorial statement concerning D;
1. Article 347 (1) of the Criminal Act applicable to the crime;
1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 62 (1)
1. Social service order under Article 62-2 of the Criminal Act;