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The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
Around April 19, 2008, the Defendant stated that “A person who filed a complaint to open a restaurant shall borrow money of KRW 4,750,000,000,000,000,000,000,000,000,000,000,000,000,000.”
However, even if the defendant borrowed the above money, he did not have the intention or ability to repay it.
As such, the Defendant, by deceiving the complainant, received 4.75 million won from the complainant to the Agricultural Cooperative (E) account in the name of the Defendant.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Application of Acts and subordinate statutes to copies of bankbook transactions;
1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;
1. Penalty fine of KRW 1,000,000 to be suspended;
1. Articles 70 and 69 (2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;
1. It is so decided as per Disposition on the grounds of not less than Article 59(1) of the Criminal Act (i.e., payment of interest equivalent thereto);