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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
The Defendant is a person who, from August 2004, operates a new store with the trade name, “C” in subparagraph 2 of B 1st floor from March 2004.
1. On July 31, 2013, the Defendant made a false statement to the effect that “The value of the goods shall be given, and no money shall be paid in any other place.” If the Defendant borrowed money, only several months shall be used and repaid.”
However, at that time, the Defendant had already been liable for the total amount of KRW 62 million due to credit card arrears, bank loans, and bond obligations, etc., and had to pay interest amounting to KRW 200-3 million per month. Since the Defendant was raising only an average of KRW 100-1.5 million per month in operating the said new sales store, the Defendant did not have any intent or ability to make a proper repayment even if she borrowed money from the victim.
As above, the Defendant, as well as the Defendant, by deceiving the victim as above, received cash of KRW 10 million from the victim, i.e., at the victim’s seat, as a loan, from the victim, and received cash of KRW 10 million on August 22, 2013; and on January 15, 2014;
3. 20. A total of KRW 40,000,000,000 were delivered respectively in the same manner in the above place, respectively, at the same time.
2. On September 26, 2014, the Defendant made a false statement to the effect that “I will pay hospital expenses immediately if I lent KRW 10 million to the victim E, who was hospitalized in Samyang-dong, Samyang-dong.”
However, around that time, the Defendant had already paid interest equivalent to KRW 134 million in total due to credit card arrears, bank loans, and bond obligations, etc., and had to pay KRW 500-6 million per month. Since the Defendant was raising only an average of KRW 100-1.5 million per month in operating the said new sales store, there was no intention or ability to pay the amount properly even if he borrowed money from the victim.
The Defendant deceivings the victim as above.