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A defendant shall be punished by imprisonment for six months.
except that 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
On December 2, 2018, the Defendant, “D” operated by the Defendant in heading B building C in Suwon-si, Suwon-si, Suwon-si, on an entertainment drinking house, bears a burden on the victim E in terms of “D” (the owner of an entertainment drinking club operated by the Defendant in Korea is the mother, and the mother is the mother is the mother at a monthly rent of KRW 5 million. The purchase price is to take over the secured debt of KRW 350,000 on which a mortgage is established on the building, and is to take over KRW 200,000,000,000 won. The Defendant, if he/she loans KRW 50,000,000,000 won to B, he/she purchased the above building after selling the building in the name of the person who would buy the building in the name of the mother while continuing to operate the main place.”
However, at the time, the Defendant did not have any intention or ability to purchase the above building by setting up the remaining purchase fund for the short period, even if the Defendant borrowed KRW 50 million from the victim, and only planned to use it for debt repayment to others or credit card payment.
As above, the Defendant, by deceiving the victim, received KRW 48,50,000 from the victim to the bank account (F) in the name of the Defendant, after deducting interest from the prior interest on December 13, 2018.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Details of remittance and application of Acts and subordinate statutes to the Stockholm;
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspension of execution (The full agreement with the victim and the fact that there is no criminal record exceeding the same kind and fine);