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A defendant shall be punished by imprisonment with prison labor for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
1. On June 5, 2018, the Defendant leased money of KRW 15 million to the victim C, who is the Defendant’s branch, at the Defendant’s residence located in Daejeon-dong, Daejeon-gu, Daejeon-gu, and at the Defendant’s residence.
6. In 20. 20. The money borrowed will be repaid.
“Along with the end of the contract, the security deposit of KRW 70 million was presented as security for the obligation. However, in fact, the Defendant was not entitled to receive money around June 20, 2018, and there was no deposit of KRW 70 million as an existing contract written before the transition of the lease contract to the monthly rent contract, and there was no other profit-making situation. Therefore, even if the Defendant borrowed money from the victim, he did not have any intention or ability to complete the payment. The Defendant was transferred KRW 15 million from the victim to the D Association account in the name of the Defendant on the same day. On June 15, 2018, the Defendant called the victim of the above victim on the date when he was the victim as above.
Therefore, if money is urgently needed, 20,200,000 won is loaned, it shall be lent to 15,000,000 won prior to lending.
6. shall be repaid on 20.
The phrase “the phrase was false.”
However, the Defendant did not have any intent or ability to complete the payment by June 20, 2018, even if he/she borrowed money from the victim in the circumstances like the above Paragraph 1.
By deceiving the victim, the Defendant received 17,99,560 won from the victim to the account under the name of E company designated by the Defendant, and 2,200,440 won to the account under the name of F, the husband of the Defendant, and acquired 20,2200,000 won in total.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act to increase concurrent crimes.