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A defendant shall be punished by imprisonment for six 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
On October 31, 2013, when the Defendant extended money to the victim E from the “D” clothes store operated by the Defendant on October 31, 2013, the Defendant would have to provide the victim E with full payment of the clothes sold at the shop operated by the Defendant.
“False speech was made to the effect that it was “.”
However, the defendant did not have any property as a bad credit holder, and even if he received the above money from the injured party due to economic difficulties, he did not have any intention or ability to repay the money in time.
As above, the Defendant: (a) by deceiving the victim and allowing the victim to borrow KRW 1.8 million from F in the name of the Defendant; and (b) by allowing the victim to join the said amount as a joint guarantor, the Defendant acquired property or pecuniary gains equivalent to KRW 12,100,000 in total on seven occasions until October 6, 2014, such as the content of the list of crimes in the attached Form.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness E and F;
1. The summary of the claim 1. The defendant in the summary of the judgment on the argument of the defendant and his defense counsel: (a) the defendant did not borrow the money of the attached sheet No. 6 (hereinafter referred to as the "attached sheet of crime") and borrowed the money of the attached sheet of crime No. 6; (b) the defendant borrowed money in the case of the remaining sequences; (c) although there was no deception of the victim as stated in the facts constituting the crime in the judgment, and there was no ability to repay the money.
shall not be effective.
2. In full view of the following facts and circumstances revealed by the evidence duly adopted and investigated by this Court, the Defendant, even though the Defendant did not have the ability or intent to timely repay, by deceiving the victim to acquire property or property gains from the victim.
I would like to say.
Therefore, we cannot accept the above argument of the defendant and his defense counsel.
Nos. 1, 2, 4, 5, 7.