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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 became final and conclusive.
Reasons
Punishment of the crime
1. From June 12, 2018, the Defendant: (a) around 2018, at “C cafeteria” located in Seongbuk-gu Seoul Special Metropolitan City, Seongbuk-gu, Seoul Special Metropolitan City; (b) “A large-scale medical care center is being built by investing KRW 2.7 billion in Chungcheongnam-gu, Seoul Special Metropolitan City; and (c) at the time of the Government, the Defendant newly constructed the 6 Do Do Da 1,600,000 won per household. Personally, the Defendant owns real estate of at least KRW 2.0 billion including F’s land and a divided apartment of the party, including the land of Gwangju Special Metropolitan City, and the apartment of the party. However, it is short of funds for the current medical care center construction; (d) it is false to the effect that “A large-scale medical care center is built by selling any loan newly built by the Government within one month, with the interest paid by selling it in lots.”
However, at the time of fact, the defendant and the defendant did not have any special property or income, while they did not bear approximately KRW 97 million in the name of the defendant, approximately KRW 30 million in the name of the defendant, and they did not have any intent or ability to repay the borrowed money even if they borrowed money from the victim because they did not prepare the principal and interest of the debt, expenses for the operation of the corporation E, and the living expenses of the defendant. The amount borrowed from the victim was a plan to pay for the settlement of the use of the personal credit card and the E corporation credit card in the name of the defendant, and there was no thought to use it for the care center construction.
As above, the Defendant, by deceiving the victim as above, received eight million won from the victim to the corporate bank account in the name of the Defendant on the same day as the loan money, and by deceiving the victim from March 11, 2019 to March 11, 2019, and was transferred from the victim in total five times as shown in attached Table 1.
2. “The Defendant of 2020 Godan1653” is a relationship with the Victim G from March 4, 2018 to January 2019.