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A defendant shall be punished by imprisonment with prison labor for up to 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
On July 2, 2012, the Defendant: (a) demanded the victim C, who was aware of the fact at an instigious place, to lend KRW 50 million to the victim C; (b) provided that if the Defendant borrowed KRW 50 million, he/she made a false statement as if he/she had the Defendant’s right to operate the construction site restaurant (tentatively referred to as the “surbate restaurant”) through D, which is the Defendant’s private village of the construction site.
However, in fact, the above D was a constructor who had been awarded a subcontract for the basic civil works from sccos, etc., and was not at a position to decide to whom the right to operate the site restaurant at the construction site can be granted to the victim through the above D, and thus, it is difficult for the Defendant to expect the victim to pay the right to operate the site restaurant at the construction site through the above D. At the time of the late 1990s, the Defendant was a bad credit holder from that time due to failure in the operation of the manufacturing company in the aftermath of the 1990s, and there was no particular income, and there was no intention or ability to pay the right, even if he borrowed the above money from the victim.
Nevertheless, the Defendant: (a) around July 19, 2012, up to 100,000 won check from the victim’s influent frequency; (b) around July 19, 2012, 20,000 won check; (c) around the 20th day of the same month, at the coffee shop in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, 10,000 won in cash; and (d) the same year.
8.23.Around the same year, a person living together with the defendant transferred KRW 10,00,000 to the Agricultural Cooperative Account in the name of the defendant;
9. received around 28.20 million won in the same account.
Accordingly, the defendant deceivings the victim and defrauds 50 million won in total.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding C;
1. A complaint;
1. A statement of one deposit transaction certificate and account transfer statement of the complainants;
1. Application of investigation reports (Submission of Evidence A to Suspect), investigation reports ( telephone conversations between a criminal suspect C)-related Acts and subordinate statutes;
1. Criminal facts;