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The sentence of sentence shall be suspended for the defendant.
Reasons
Punishment of the crime
The defendant and the victim B came to know while running real estate brokerage business.
1. On August 23, 2010, the Defendant stated that “I shall pay interest that I have to do so, and if I do not know that I have to do so. I will do so after a day if I lend KRW 2 million to I do not do so.”
However, the defendant did not have any intention or ability to repay the money even if he borrowed the money from the victim because he did not have any income or property at the time and the debt exceeds 100 million won.
Nevertheless, the Defendant received KRW 2 million from the victim on the same day, which belongs to the aforementioned false statement.
From around that time to October 15, 2010, the Defendant received 12 million won in total from the victim under the same name four times as shown in the list of crimes in attached Form.
2. On November 12, 2010, the Defendant stated, “The Defendant would repay the said victim’s money immediately after six months if he/she lent 15 million won to him/her.”
However, the defendant did not have any intention or ability to repay the money even if he borrowed the money from the victim because he did not have any income or property at the time and the debt exceeds 100 million won.
Nevertheless, the Defendant received KRW 15 million from the victim on the same day, which belongs to the aforementioned false statement.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Defendant's legal statement;
1. A complaint;
1. Application of Acts and subordinate statutes on police statement No. B
1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting a crime and the choice of punishment. Article 347 (1) of the Criminal Act
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Punishment to suspend the sentence: Fine of 500,000 won;
1. Articles 70 and 69(2) of the Criminal Act for the detention in a workhouse (50,000 won a day);
1. Article 59(1) of the Criminal Act of the suspended sentence is the victim.