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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On November 201, 201, the Defendant needs to pay money to the victim C at the coffee shop located in Seocho-gu Seoul Seocho-gu Seoul, Seocho-gu, Seoul.
On May 2012, 2012, when lending KRW 10 million, he/she will pay the time limit money.
“A false representation was made.”
However, the defendant first guaranteed the D's business from 2009 to her financial institution, etc., and only thought that he/she was to use money from the victim because there was no particular income, and there was no intention or ability to send money to the victim with school expenses or to pay money to the victim.
The Defendant received KRW 5 million from the injured party on November 19, 201, on or around November 19, 201, and KRW 5 million on or around November 25, 201, from the Defendant’s account in the name of the Korea CT Bank (Account Number E) under the name of the Defendant.
2. On March 22, 2012, the Defendant is scheduled to receive the payment from the “G” located in Seocho-gu Seoul Metropolitan Government F, and the Defendant is scheduled to join the fraternity and receive the payment No. 1 from the victim.
He/she intends to borrow 10 million won from H, and he/she will pay the security to him/her on April 21, 2012.
“A false representation was made.”
However, the defendant first guaranteed the D's business, and since 2009, the defendant did not have any intention or ability to pay the fraternity by joining the fraternity as a result of no particular income.
The Defendant had the victim bear the guarantee obligation equivalent to KRW 10 million to H, thereby incurring damages equivalent to the same amount, and, in other words, was given from H to H as the borrowed money.
As a result, the defendant was delivered property by deceiving the victim two times.
Summary of Evidence
1. Partial statement of the defendant;
1. The witness I and C's respective legal statements;
1. Copy, etc. of the loan certificate;
1. A copy of each passbook (the defendant and his defense counsel, and the defendant's transfer of KRW 10 million from the injured party on November 201, 201, to the non-party J.