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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. From April 2014, the Defendant entered into a false statement that “The Defendant would use only one year on the condition that he/she would use monthly interest 400,000 won if he/she borrowed 40,000 won as business funds to the victim B from around April 2014.”
However, in fact, the Defendant was unable to repay KRW 5,00 to C, and the real estate under the name of the Defendant was set up a collateral which covers real estate value, not only at the time, but also at the time, was thought to pay the card price with the amount borrowed from the victim due to the overdue payment, and thus, the Defendant did not have any intent or ability to pay the money even if he borrowed money from the victim.
On May 23, 2014, the Defendant received KRW 37.6 million from the victim to the Agricultural Cooperative Account (D) under the name of the Defendant.
2. Around April 2016, the Defendant paid 68,097,50 won loan and interest on KRW 1,131,017 with interest on KRW 68,500,017 to the victim B, “Around April 2016, the Defendant would also pay interest on the loan if he/she lends money to the lender B with the loan of KRW 70,000,000,000 from the loan of money to the loan of KRW 40 million prior to the loan of money.”
However, the defendant was unable to pay KRW 220,000,000 to E, and the real estate in the name of the defendant was established with the right to collateral security that covers real estate value, and there was no intention or ability to pay money even if he borrowed money from the victim.
Around April 20, 2016, the Defendant received 68,097,500 won from the victim’s agricultural bank account (D) under the name of the Defendant, and had the victim pay the sum of interest KRW 1,131,017 from March 20, 2017 to August 21, 2017, and acquired pecuniary benefits equivalent to that amount.
Summary of Evidence
1. Partial statement of the defendant (the second court date);
1. A protocol of examination of part of the defendant by prosecution;
1. The defendant;