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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
The Defendant, at the D coffee shop located in Gumi-si, Seocho-si, Seoul in February 2014, extended to the victim E the amount of KRW 30,000,000,000,000,000,000,000,000 won.
The phrase “ makes a false statement.”
However, facts have been operated by the Defendant at the time.
F At the time, there was a debt of KRW 1,350,000,000,00 which was provided as security and borrowed from the bond company, and there was a debt of KRW 73,000,000 from the bond company, but at the time the interest was delayed. In addition, there was no intention or ability to repay the debt even if there was a debt of KRW 40,00,000 from the beneficiary of the loan to the beneficiary of the loan.
On February 6, 2014, the Defendant received 30 million won from the injured party as the borrowed money and acquired it by fraud.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness E;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, it can be recognized that the defendant had the intent to deceive the victim as stated in the judgment of the court, and that the defendant had the intention to acquire the victim by deception.
① When the Defendant borrowed KRW 30 million from the injured party, the Defendant, as the representative of GF stations, operated the F station as the Defendant.
At the time, the Defendant owed a total of KRW 1.463 billion to financial institutions, etc., and paid interest on the loans, etc. and personnel expenses, etc. of the above stations each month. However, the monthly sales of the above stations did not exceed KRW 12 million.
② Since the above gas station operated by the Defendant was caused a monthly loss, the Defendant operated the gas station and received profits therefrom from the victim.