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A defendant shall be punished by imprisonment with prison labor for not more than ten 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 March 2012, the Defendant tried to operate a mobile phone store at a restaurant in which the name of the Southern-dong located in Gwangju Mine-gu is unknown, and to open the cell phone store to the victim C as the funeral service is well known.
The degree of KRW 100,000 necessary for the commencement of the business shall be lent to the extent of KRW 100,000,000 as the principal and interest of each month, and the amount of KRW 1,000,000 shall
“A false statement was made to the effect that it was “.”
However, in fact, the defendant did not think that he would have repaid the bonds with borrowed money as business funds.
In addition, the defendant did not have any particular property or income, and was liable to pay more than KRW 100 million.
Therefore, even if the Defendant borrowed the money from the victim, he did not have the intention or ability to complete the payment.
The Defendant, as above, received a total of KRW 30 million on April 10, 2012, and transferred KRW 14.2 million on April 10, 2012, and KRW 50,000 on April 11, 2012 to the Agricultural Cooperative Account under the name of the Defendant, and acquired KRW 75,40 million on the 12th day of the same month, KRW 16,700,000 on the 16th day of the same month, and KRW 20 million on the 30th day of the same month, by transfer to the Gwangju Bank Account in the name of D.
Summary of Evidence
1. Statement by the defendant in court;
1. Some C statements concerning the suspect interrogation protocol of the defendant made by the prosecution;
1. Inquiries about transaction details, details of account transactions, and application of statutes on deposit certificates;
1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;
1. Reasons for sentencing under Article 62(1) of the suspended sentence under the Criminal Act: (a) The Defendant’s age, family relationship, environment, and the background and content of the instant crime, including the following: (b) the Defendant’s payment of damages to a certain extent after prosecution, agreed with the victim; (c) the Defendant did not have any record of criminal punishment other than fines twice a different kind of punishment; and (d) the Defendant’s mistake was divided; (b) the amount of damage was not significant; and (c) the Defendant appears to have been frightened by the victim.