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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Criminal facts
The Defendant operated the “Emorn” in Incheon Strengthening-gun D, and lent gambling money at all times, and created and operated a large number of policies as a fraternity, however, the Defendant was a person who has suffered considerable difficulties in the operation of the fraternity because the fraternity did not pay the time limit money every month after receiving the time limit money.
1. On December 31, 2012, the Defendant: (a) at the F apartment in Gyeonggi-si, Gyeonggi-si; (b) around December 31, 2012, the Defendant lent KRW 10 million to the victim G to the Plaintiff; and (c) he/she borrowed KRW 30 million to the Plaintiff; (d) he/she has repaid the money that he/she has paid; (e) he/she has paid KRW 10 million within four months; and (e) he/she has paid KRW 30 million within six months; and (e) he/she has subscribed to the F apartment in Gyeonggi-si, Kimpo-si; and (e) he/she has not received KRW 30 million from the time-to-date money that he/she would be aboard; and (e) has not received any money that he/she has not received.”
However, at the time, the Defendant was in an economic situation where the Defendant was forced to use the money borrowed from the victim for the payment of KRW 15 million which is inevitable to the J, and the Defendant was in excess of his/her obligation (the only limit of the amount paid by the members of the fraternity to which he/she was affiliated is not able to pay the entire amount that should have to be paid to J). Therefore, even if the Defendant borrowed money from the victim, he/she did not have any intention or ability to pay the remainder of KRW 10 million within four months, and he/she did not have any intention or ability to pay the remainder of KRW 30 million within six months.
On December 31, 2012, the Defendant, by deceiving the victim as above, took over KRW 38,800,000 (excluding advance interest of KRW 1,200,000 from KRW 40,000) to the agricultural bank account under one’s own name from the victim and acquired it by deceiving the victim.
2. On January 19, 2013, the Defendant L L in the victim G house located in Gyeonggi Kimpo-si, Kim Jong-si, and “L” to the victim.