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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
(e).
Reasons
Punishment of the crime
[Criminal Power] On May 19, 2016, the Defendant was sentenced to a suspended sentence of two years in the year and June of imprisonment due to a crime of fraud and a violation of the Labor Standards Act, etc. at the Seoul Central District Court, and the said judgment became final and conclusive on May 27, 2016.
【Criminal Facts】
"2019 Highest 1756"
1. In January 8, 2016, the Defendant was transferred KRW 100 million from the victim’s bank account in the name of the Defendant’s leakage or F bank account around January 8, 2016, on the following grounds: “Around January 8, 2016, the Defendant is implementing the new construction of another canal wal wal wal wal wal wal e in the area E in which the ship owner is permitted to implement the new construction of another canal wal wal wal wal wal wal wal wal wal wal wal wal wals.”
However, in fact, the defendant was planning to use the investment fund as a personal debt repayment without the intention to use it for the implementation project of the construction project of the new construction project of the above canal box, while he did not have any intent or ability to pay the funds to the victim within a few months because there was no particular property.
Accordingly, the defendant was delivered KRW 100 million by deceiving the victim.
2. Even if the Defendant borrowed money from the victim for the purpose of the sports center’s business investment fund, he/she was planned to use the borrowed money for personal debt repayment without the intent to use it for the sports center’s business. On the other hand, as stated in the foregoing paragraph 1., on the other hand, he/she did not have any intent or ability to repay the borrowed money to the victim for several months without any particular property.
Around January 2016, the Defendant made a false statement to the victim by telephone, stating that “The Defendant will return to the victim two times until June 30, 2016, the amount to be used for the sports center project, such as H points in Seongbuk-gu, Seongbuk-gu, Sungnam-si, which is urgently required, to be used for the project of the sports center.” The Defendant is a bank in the above F name around January 27, 2016 from the victim.