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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
From November 2013 to May 2014, 2014, the Defendant stated that the Defendant had resided in the leased apartment but was residing in the apartment amounting to KRW 45 million, in spite of the fact that the Defendant had resided in the leased apartment.
1. On February 26, 2014, the Defendant made a false statement to the victim in Suwon-gu, Daegu-gu, stating that “The Defendant shall pay KRW 2.8 million, which he/she borrowed from Dozine, to her KRW 3 million.”
However, in fact, it was thought that the above money was used to lend private sports discussions, but it was not used to repay the money to the beneficiary for the purpose of paying the money, and there was no intention or ability to repay the money even if it was borrowed from the beneficiary due to no property or income with a bad credit standing at the time.
The Defendant, by deceiving the victim as above, received KRW 3 million from the victim to the national bank account in the name of D on the same day.
2. Around March 10, 2014, the Defendant made a false statement to the victim’s house as stated in paragraph (1) that “it is necessary to pay KRW 10 million to the victim, and if he/she becomes aware of it by May 31, 201, he/she shall also pay the security deposit he/she lives in.”
However, in fact, it was thought that the above money was used for private sports discussions, and there was no property or income with a bad credit holder at the time, and even if the defendant borrowed money with the relation that the deposit was less than 45 million won due to the fact that the house in which the defendant was living was a rental house, there was no intention or ability to repay.
The Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the national bank account in the name of D on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. Protocol of the police statement concerning B;
1. A complaint, a detailed statement of transaction in passbook; and