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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person who was working as the team leader of Mapo-gu Seoul Metropolitan Government D located and operated by C from April 2014 to November 2014.
On April 2014, the Defendant borrowed money to the victim F who had worked together in E, because there is no cash. It will be repaid within one week.
“A request was made to lend money”.
However, even if the Defendant owed a debt to a financial institution at the time, the amount of KRW 89,00,000 was exceeded, and the Defendant’s revenue was insufficient to repay the principal and interest on the above debt, and the Defendant’s wife also did not have the intent or ability to repay the principal and interest even if he/she borrowed money from the injured party.
Nevertheless, as above, the Defendant was issued 31,60,000 won from three victims, including the Victim F, as stated in the [Attachment Table Nos. 8 through 22] from September 19, 2014, from around April 2, 2014, by making a false statement and received 350,000 won as a loan from the injured party on or around April 2, 2014.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness G, F, and H;
1. A protocol concerning the interrogation of each police suspect against the accused;
1. Each police statement made with respect to C, G, and F;
1. Account transactions (G);
1. The victim H statement [The evidence submitted by the prosecutor was that the Defendant was bearing a large amount of debt at the time of the above loan, but the Defendant did not have the ability to fully repay the money borrowed from the victims because there was no particular profit except for the payment of KRW 3.5 million per month, and did not notify the victims other than the victim F of their economic situation or the fact that the Defendant borrowed money more than once from another person working in the restaurant. The extent of the Defendant’s economic situation to the victim F.