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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
In fact, even if the defendant borrowed money from the injured party in the state of demanding payment from a large number of creditors, the defendant did not have the intent or ability to repay the borrowed money to the injured party by using it for clothes business or land purchase, etc.
1. Nevertheless, on May 25, 2012, the Defendant, despite fraud, is insufficient business funds to collect recycled clothes and shoes from the victim E at the D cafeteria located in Gwangju Northern-gu C on May 25, 2012 and export them to foreign countries.
A loan of KRW 15 million shall be used only for 2-3 months and repaid.
“Falsely speaking,” the defrauded received 15 million won from the injured party to the Gwangju Bank Account under the name of the accused for the purpose of borrowing money from the injured party.
2. On November 5, 2012, the Defendant continued to commit fraud on November 5, 2012, and on November 5, 2012, the Defendant was unable to pay back the amount due to the burden of recycling business to the victim at the above place.
There is a lack of 10 million won in purchasing self-owned land in the Gwangju Mine Corporation on the condition that it is good for them to purchase it.
The loan shall be repaid in a lump sum up to KRW 15 million before the purchase and sale of the loan immediately.
“Falsely speaking,” which received KRW 10 million from the injured party to the same account, and acquired it by fraud.
3. On March 4, 2013, the Defendant, on March 4, 2013, sold well the land purchased prior to the purchase to the victim at the same place as above.
It shall be more convenient to purchase and sell land adjacent to the Corporation prior to the Corporation.
The loan was made immediately prior to the sale of the adjacent land on the loan of money as the fund to purchase the adjacent land is insufficient.
The payment shall be made in a lump sum up to 25 million won.
“Falsely speaking,” which received KRW 5 million from the injured party to the same account, and acquired it by fraud.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1.Each.