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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.
Reasons
Punishment of the crime
1. Fraud;
A. On Nov. 1, 2008, the Defendant stated that “If the Defendant borrowed KRW 18 million to open the Do chain store to the Daegu Northern-gu, Daegu-gu, the Defendant would be paid at least KRW 1500,000 per month as interest, the Defendant would receive a refund of KRW 200,000,000 from the Fma E’s deposit and premium operated in the Daegu-gu, Suwon-gu, and the principal would be repaid upon receiving the return.”
However, there was no intention or ability to repay the money even if the money was borrowed from the victim because there was no special property at the time and there was no business fund and living expenses, etc., and even if the money was borrowed from the victim, there was no intention or ability to repay it.
As such, the Defendant, by deceiving the victim, received from the victim each transfer of KRW 3 million on December 3, 2008, and KRW 15 million on or around February 9, 2009, to the Daegu Bank Account (G) in the name of the Defendant.
B. On July 2009, the Defendant stated that “The above victim B was a joint and several surety who borrowed 30 million won from the Cheongpo-gu New-dong, Daegu-dong as a joint and several surety and borrowed 50 million won interest from the Cheongpo-gu Credit Guarantee Foundation’s interest rate. The Defendant borrowed 30 million won from the Cheongpo-gu, Daegu-dong as a joint and several surety, with the loan of 50 million won interest rate, and repaid 30 million won in the Cheongpo-dong in the Cheongpo-gu, Daegu-dong.” The Defendant stated that “The Defendant was a joint and several surety that borrowed 50 million won from the Mapo-gu Credit Guarantee Foundation, which received 50 million won loan from the Mapo-gu, Daegu-dong Credit Guarantee Foundation.”
However, at the time, the Daegu Credit Guarantee Foundation borrowed KRW 50 million from the Daegu Credit Guarantee Foundation and did not repay the above amount of KRW 30 million to the Defendant’s business funds, etc. In addition, the above amount of KRW 50 million due to the bad financial standing is repaid.