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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On April 15, 2015, the defendant tried to purchase vehicles in addition to the victim E at the Da (ju) Gwangju Mine Office located in Gwangju Mine-gu, Gwangju.
The loan of KRW 30 million will be repaid until October 5, 2015, and if it is not repaid, it will transfer its operating right to the Drenk Gwangju Business Office operated by it.
“The phrase “ was false.”
At the time of fact, the defendant did not have any intention or ability to pay the money even if he borrowed the money from the injured party due to no particular property or income.
As such, the Defendant, by deceiving the victim, obtained the delivery of KRW 30 million from the victim to the personal compromise account (F) in the name of the Defendant on the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. Partial statement of the protocol concerning the examination of the suspect against the defendant;
1. Application of each statute stated in the complaint, a certificate of borrowing, a certificate of full registration of the matters to be registered, a fair deed, a receipt of remittance of borrowed money, and a reply to a corporation with information on average age;
1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason why the punishment of Article 62-2 of the Social Service Order Act is obtained by fraud is not much specified.
After the crime, the attitude is very poor.
The defendant has a total of six criminal records, including one criminal records of the same kind.
Although the recovery of damage has not been made, the defendant agreed with the victim.
In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, family relationship, and circumstances before and after the crime, shall be determined as ordered.
It is so decided as per Disposition for the above reasons.