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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
1. Around January 14, 2013, the Defendant made a false statement to the effect that he would refund money if he/she lent KRW 10 million to the victim E, who was working for a bathhouse in Seongbuk-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City) with his/her 4th floor “D,” a bathhouse, and was working for a bathhouse in his/her shop.”
However, in fact, the defendant, at the time of bonds, is liable to pay 30 million won as a provisional debt, and only interest is paid to 1 million won per month, so even if he borrowed money from others, he did not have the intention or ability to pay it.
On January 14, 2013, the Defendant received from the injured party a total of KRW 45,980,000 from the time on which he/she received transfer of KRW 10,000 from the Busan Bank Account (G) in the name of his/her father F, from October 10, 2013 to the time on which he/she received transfer of KRW 10,00,000 from the Busan Bank Account (G) in the name of his/her father.
Accordingly, the defendant was given property by deceiving the victim.
2. On October 18, 2013, the Defendant, in relation to the use of a credit card, made a false statement to the effect that “The Defendant would pay back in cash later on the face of a width’s credit card,” by purchasing clothes he/she had sold with the Defendant’s employees of his/her neighboring shop 4 “D” room in Seongbuk-gu, Seongbuk-gu, Seoul Special Metropolitan City.
However, in fact, the defendant, at the time, is liable for the 30 million won worth as bonds, and only 1 million won per month is paid as interest. Thus, even if the victim pays the value of clothes on behalf of the defendant, he did not have any intention or ability to pay the value of clothes to the victim.
The Defendant had the victim pay 300,000 won of clothes around October 18, 2013 on behalf of the Defendant. On October 22, 2013, the Defendant had the victim pay 273,000 won of clothes in the same manner as around October 22, 2013 by credit card in lieu of the Defendant.