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A defendant shall be punished by imprisonment for four 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
1. On July 3, 2013, the Defendant loaned KRW 18 million to the victim E, who is a student, after deducting KRW 2 million from the need for supply. By July 3, 2014, the Defendant would pay KRW 20 million until July 3, 2014.
“A false statement” was made.
However, at the time, the Defendant had been liable for the amount equivalent to KRW 25 million, and there was no intention or ability to pay such amount even if the Defendant borrowed money from the injured party because he had not any specific property, to the extent that he was in arrears with the rent of the above 16 million won.
Nevertheless, the defendant deceivings the victim as above and received delivery of KRW 18 million on July 3, 2013 from the victim.
2. On July 30, 2013, the Defendant loaned KRW 18 million to the said victim E by deducting the amount of KRW 20 million, which is the line interest, from the wage level of KRW 2 million. By July 30, 2014, the Defendant would pay KRW 20 million to the said victim E.
“A false statement” was made.
However, the defendant did not have any intention or ability to pay the damages even if he borrowed the money from the injured party, such as the above 1.
Nevertheless, the defendant deceivings the victim as above and received delivery of KRW 18 million on July 30, 2013 from the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Partial statement of the protocol concerning the examination of the suspect against the defendant by the prosecution;
1. Statement in the police statement protocol against E;
1. The defendant asserts to the effect that he did not have the intention to commit fraud because he had the intent to repay and ability to repay the property worth 100 million won, such as a private teaching institute facility and key money, at the time of borrowing money from the damaged person.
The criminal intent of defraudation, which is a subjective element of fraud, is so long as the defendant does not make a confession, the history, the environment, and the contents of the crime before and after the crime.