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A defendant shall be punished by imprisonment for 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
The defendant, who has no certain occupation, was living with her husband from October 2009 to have no certain income or property, while he/she has to continue to pay living expenses and hospital expenses, so even if he/she borrowed money from another person, there was no intention or ability to pay such money.
1. Fraud against the victim C;
A. On October 19, 2009, the Defendant made a false statement to the victim C (Woo, 54 years of age) at the E’s house located in Busan Seo-gu, Busan, to the effect that “I will pay 4 additional interest if I lent 5 million won as I needed to purchase the scrap in China, and that I will pay Africa if I return to Africa around April 2010.”
The Defendant received five million won in cash from the victim, namely, in the seat, and acquired it by fraud.
B. On November 13, 2009, the Defendant, at the above E’s house, stated that “If he/she borrowed money from another person to pay five million won, he/she shall pay interest on four installments, and if he/she returned to Africa after the end of April 2010, his/her husband and wife shall return to Africa.”
The Defendant received five million won in cash from the victim, namely, in the seat, and acquired it by fraud.
C. On January 7, 2010, the Defendant made a false statement to the victim C at a restaurant located in F of Busan, Seo-gu, Busan, that “I would pay the victim c with interest on four installments if I lend money to purchase the goods, and I would return to Africa if I would return from Africa around April 2010.”
The Defendant received five million won in cash from the victim, namely, at the seat, and acquired it by fraud.
On June 21, 2010, the Defendant made a false statement to the victim C from the Busan Seo-gu, Busan, that “When he/she lends money to the victim C, he/she would pay four installment interest, and if his/her husband and wife return to Africa around April 2010, he/she would pay the said money.”
The defendant received three million won in cash from the victim, namely, at the seat of the victim, and received two million won in cash from the husband G to the account of the defendant's husband.
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