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A defendant shall be punished by imprisonment with prison labor for up to 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
"2015 Highest 673"
1. On March 24, 2010, the Defendant made a false statement to the victim D at C main points in Songpa-gu Seoul, where the Defendant was working for the Defendant in Songpa-gu, Seoul, stating that “If he/she borrowed KRW 3 million as he/she needs to pay the money, he/she shall pay off the three-paid interest after the month.”
However, even if the defendant borrowed money from the victim with very worse financial conditions due to reasons such as the failure to recover the credit amount at the time, there was no intention or ability to pay the principal and high interest within a short period.
The Defendant, by deceiving the victim as above, received KRW 2.82,00 from the victim as the borrowed money on the same day, and, around April 17, 2010, received KRW 1,2320,000 from the victim on two occasions, such as receiving the remittance of KRW 9.5 million under the name of the borrowed money, by making a false statement to the victim stating, “If the victim has no money to make the payment at home, he/she shall repay to five copies after three months, because he/she has no money,” without any intention or ability to make payment.”
"2015 Highest 700"
2. On June 23, 2010, the Defendant told the victim H of the entertainment tavern G located in Sungnam-gu, Sungnam-si, that “on the face of borrowing KRW 30 million, the Defendant will be in the office of office in G entertainment bars.”
However, the Defendant had, without any specific property at the time, an individual debt amounting to KRW 600-70 million to KRW 70 million. Accordingly, the Defendant had been paid KRW 400-5 million each month, and the Defendant had to pay the above loan amount to KRW 600-7 million with the previous main points, and the Defendant had no ability to pay the loan amount. Since the Defendant had to care together, there was no intention to work in the said entertainment tavern.
Nevertheless, on June 28, 2010, the Defendant acquired 30 million won from the victim to his own account and acquired it by deceit.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to D and H;
1. Each report on investigation;
1.Each.