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A defendant shall be punished by imprisonment for one year.
However, the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On July 2013, the Defendant: (a) around early July 2013, at the construction site of a building where the victim C was working in Si/Gunsan-si; and (b) the victim, who is a social-friendly Gu, was the victim of the said building located in Si/Gunsan-si; (c) the Defendant filed a lawsuit seeking real estate name lawsuit against the said victim on the fourth-story building located in Si/Masan-gu,
It was false to the effect that if a person lends money in the amount of KRW 30 million at the cost of appointing an attorney-at-law, he would use it as a cost related to a named lawsuit and pay money as the end of the lawsuit.
However, at the time of fact, the Defendant was thought to use money from the damaged party as repayment of existing debts and living expenses, etc., and did not think to use it as expenses related to life-related litigation. Since there was a debt exceeding KRW 170,000,00,000, there was no intention or ability to pay the borrowed money normally.
The Defendant, as seen above, by deceiving the victim and deceiving the victim, received the remittance of KRW 30 million from the victim to the D's Suhyup account (F) on July 8, 2013.
2. On June 2014, the Defendant made a false statement to the effect that “A” office of the said victim’s operation “I” in Sinsan-si G and H around early June 2014, the Defendant would make a full repayment of the borrowed amount with KRW 30 million borrowed prior to the completion of the lawsuit, if the Plaintiff borrowed KRW 9 million as the litigation cost is insufficient, as the name lawsuit was long as the lawsuit was closed.”
However, at the time of fact, the Defendant was thought to use money from the damaged party as repayment of existing debts and living expenses, etc., and did not think to use it as expenses related to life-related litigation. Since there was a debt exceeding KRW 170,000,00,000, there was no intention or ability to pay the borrowed money normally.
On June 13, 2014, the Defendant deceivings the victim as above and deceivings the victim, and KRW 9 million from the SC bank account (J) in the name of the Defendant on June 13, 2014.