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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 2013, the Defendant had a debt equivalent to KRW 200 million at the time of the Habman, and there is no other property, and there is no possibility of receiving the claim for the existing construction payment, and extended funds in the form of “refusing money” by continuously borrowing money from the neighbors, paying part of the existing debt, using living expenses, etc... The Defendant was in the position to receive construction payment from D, the owner of the building of C&A, and did not have the right to revert the said construction payment to his own interest. Therefore, even if the Defendant borrowed additional money from the victim E and F, the Defendant acquired the money from the victims as follows, even though he did not have the intent or ability to properly repay it.
1. On May 29, 2013, the Defendant would receive and pay the construction cost from the victim E in a place where it is impossible to identify the place below Busan (hereinafter referred to as Busan).
“Falsely speaking,” the defrauded received 21 million won from the above victim to the SC bank account under the name of the Defendant.
2. On June 3, 2013, at a place where it is impossible to identify the location of Busan or lower in Busan, the Defendant, as described in the foregoing paragraph 1, concluded a false statement with the victim F, and subsequently, he/she acquired from the said victim a total of KRW 8 million from June 3, 2013 to the SC bank account under the name of the Defendant, KRW 9.5 million around June 21, 2013, and KRW 17.5 million around July 1, 2013.
Summary of Evidence
1. Partial statement of the defendant;
1. A protocol concerning the examination of partially the accused by the prosecution;
1. Each police statement made to E, F, and G;
1. The loan certificate, the F's account transaction details, the account transaction details in the name of the Busan Bank, the account transaction details in the name of the Bank, the account transaction details in the name of the Bank E, the account transaction details in the name of the National Bank under the name of the Bank A, the Bank under the name of the Bank A, the credit transaction records, the
1. Each investigation report (a list of evidence.