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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On November 5, 2012, the Defendant stated that “E” in the “E” operation of the Victim D’s D in Gyeonggi-gu Gyeonggi-gun, Gyeonggi-do, the Defendant would establish a right to collateral security on the ground that the Defendant would create a right to collateral security on the ground, on the ground that the Defendant would lend money to the victim as the purchase cost would require. If the Defendant borrowed KRW 35 million, the Defendant would pay interest at KRW 700,000 per month, and would repay the principal after one year. When lending money, the Defendant would make a right to collateral security on the ground.”
However, the defendant bears approximately 4.7 million won at the time, and since the F of the above Gyeonggi-si was the husband's ownership and did not obtain the husband's consent to the establishment of the right to collateral security, even if he borrowed money from the victim, he did not have any intention or ability to set up the right to collateral security on the above land as collateral.
Nevertheless, on November 6, 2012, the Defendant made a false statement as above, and received 35 million won from the victim to the Agricultural Cooperative Account (G) under the name of the Defendant.
2. On November 29, 2012, the Defendant made a false statement to the above victim “E” stating that “A person who is required to pay money is about to lend it to the said victim. He/she shall use only one month and then lend three million won to him/her.”
However, the fact was that part of the borrowed money was thought to be used by the victim, and even if the money was borrowed from the victim, there was no intention or ability to repay it, and even if the money was borrowed from a third party, there was no intention or ability to repay it to the above victim.
Nevertheless, on November 29, 2012, the Defendant made a false statement as above, and received three million won from the victim as the borrowed money.
Summary of Evidence
1. Legal statement of witness D;
1. Each police statement concerning D;
1. A statement of performance, a copy of the passbook, and a certificate of borrowing money;
1. Application of a certified copy of the register or land use plan;
1. Criminal facts;