beta
Text
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
Punishment of the crime
1. Around June 28, 2009, the criminal defendant against the victim C told the victim C to lend KRW 10,000,000,000,000 to the victim C, at the entrance of E located in the East Sea-si, Dong-si.
However, at the time, the Defendant was unable to pay the money borrowed from other creditors (one person F) with business funds, and even if the amount receivable for the delivery of food materials is smuggling, there was no intention or ability to deliver it to the victims in full.
Nevertheless, the Defendant received 10 million won in cash from the victim as the borrowed money on the same day, and acquired it by fraud.
2. Around July 15, 2009, the Defendant: (a) sought the victim G’s house located in the Dong-gu Hegra in the Dong-si, Dong-si; and (b) stated that the Defendant would pay off the victim KRW 2 million on the 26th day on the 26th day of the loan.
However, at the time, the Defendant was unable to pay the money borrowed from other creditors (one person F) with business funds, and the outstanding amount of food materials supplied was sealed, and the Defendant promised to pay the money KRW 10 million to the above C, so even if receiving the money, there was no intention or ability to deliver it to the victim.
Nevertheless, the Defendant received cash of KRW 2 million from the victim, i.e., KRW 3 million on the 18th of the same month, and received KRW 3 million on the 26th of the same month, and acquired KRW 8 million on the 26th of the same month as the borrowed money.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the police protocol protocol to C and G
1. Article 347 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;
1. The scope of punishment: