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A defendant shall be punished by imprisonment for two years.
except that the execution of the above sentence shall be suspended for four years from the date this judgment became final and conclusive.
Reasons
Criminal facts
The Defendant stated, on November 8, 2017, that “The Defendant would repay to the Victim C within 15 days, as he/she loans KRW 75 million, as he/she is urgently required to operate his/her business.”
However, on or around January 8, 2014, the Defendant borrowed KRW 50,00,00 to D and did not pay KRW 50,000 to D and was under investigation by creditors D. Around November 1, 2017. On or around August 24, 2016, the Defendant did not pay KRW 5,64,00 to creditors E-B by borrowing KRW 15,00,000 from creditors to “F” as collateral, and used KRW 15,00,00,00 from 0 to 10,000,000 to 0,000,000 to 20,000 won to be used as collateral, and thus, the Defendant had no capacity to borrow KRW 10,00,00 from 20 to 10,000,000 to 20,000 to 20,000,000 from 20,000 to 10,000.
The Defendant, as such, deceiving the victim and deceiving him, shall be from the victim.