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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 August 30, 2016, the Defendant filed with the Seoul Central District Court a summary order of KRW 1 million as a crime of fraud.
Around July 2005, the Defendant showed a farm that appears to be operated by the Defendant to the victim C, and falsely speaks that “A farm of the size of 3,000 square meters is operated, and the business fund is required. The official title that is being handled inside shall be 10 times funeral services. If a farm is lent KRW 20 million, the Defendant would pay KRW 3,00,000 per month interest.”
However, in fact, the Defendant did not have any property but did not have a well-known business, so even if he borrowed money from the victim, there was no intention or ability to pay the interest and the principal.
The Defendant, as a loan borrowed from the victim, acquired the total sum of KRW 20 million, including KRW 10 million on July 29, 2005 and KRW 10 million on August 2, 2005, from the victim, to the non-bank account used by the Defendant for borrowing money.
Summary of Evidence
1. Defendant's legal statement;
1. C’s legal statement;
1. A complaint;
1. Application of the Acts and subordinate statutes concerning a copy of foreign currency remittance, foreign exchange transaction receipt, cash custody certificate, and loan certificate;
1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;
1. Article 62 (1) of the Criminal Act (Article 62 (1) of the suspended sentence (Article 62 (1) of the Criminal Act reflects the age of 70 years, the fact that there is no criminal record exceeding the past fine, the defendant deposits part of the amount of damage, and the remainder in return for