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1. The defendant shall be punished by imprisonment for six months;
2.Provided, That 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
On June 18, 2010, the Defendant was sentenced to imprisonment with prison labor for five months for fraud in Busan District Court's Dong Branch Branch, and the above judgment was finalized on June 26, 2010.
1. Around March 13, 2008, the Defendant, at the time of 2008, made a false statement to the effect that “E” clothes sales store operated by the Defendant located in the Do apartment building in Busan Metropolitan City, Busan Metropolitan City, the Defendant would be granted a high interest on the loan to other persons if he/she would be given money from the victim C, who was the relative of F, who was living together with the Defendant at the time, to whom he/she had been asked for an auction of real estate at the time, and the victim would be given a high interest on the loan to the other persons if he/she would be given a high interest on the loan.”
However, the defendant did not have any intent or ability to repay the debt even if he borrowed money from the victim because he was able to use the money received from the victim for the repayment of the F's debt at the time of personal rehabilitation as a bad credit holder.
Nevertheless, the Defendant deceiving the victim as above and received 36.4 million won from the victim to the Busan Bank account around 14:50 on March 13, 2008.
2. Around June 26, 2008, the Defendant made a false statement to the effect that “The Defendant shall pay back the principal to the Defendant, if he/she lends the last money to the Defendant, because he/she is a good auction product,” by phoneing the Defendant to the Defendant on June 2008.
However, the defendant did not have any intent or ability to repay the debt even if he borrowed money from the victim because he was able to use the money received from the victim for the repayment of the F's debt at the time of personal rehabilitation as a bad credit holder.
Nevertheless, the defendant deceivings the victim as above and thereby, it is the Busan Bank account in the name of F designated by the defendant from the victim, 13:16 on June 25, 2008, and 10 million won on June 26, 2008.