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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. A false statement was made to the effect that, around May 12, 2015, the Defendant borrowed the victim C with the Defendant’s “E” located in Dong-si, Dong-si, Dong-si, Dong-si, called “E” to the victim C who was aware of his/her reputation and phoneed to the victim C with the victim who was aware of his/her reputation to the effect that “A loaning KRW 20 million to the victim who would have no money to purchase it at all, and one million won would have been changed to 1.2 million won per five days and repaid within 100 days.”
However, at the time, the Defendant did not pay approximately KRW 86 million to the financial institutions, tax offices, etc., and imposed approximately KRW 140 million on the trader, and the Defendant did not have any actual profits. Therefore, even if the Defendant borrowed KRW 20 million from the victimized party, there was no intention or ability to pay the unpaid amount within 100 days.
Nevertheless, the defendant deceivings the victim as above and acquired money from the victim to the Agricultural Cooperative Account (Account Number: G) in F on the same day in the name of the victim.
2. On September 16, 2015, the Defendant: (a) called “J hospital” in Ulsan-dong I located in Ulsan-gu, Ulsan-gu, U.S., U.S.; and (b) made a false call to the victim H who was aware of his/her reputation to the effect that “The Defendant would transfer to the victim H one (K) a live-transport truck (K) worth KRW 5 million at the market price, on the face of the loan of KRW 400,000,000 to be urgently needed for the money at present.”
However, the above truck had no value equivalent to KRW 5 million since there was about KRW 12 million in arrears and unpaid money in installments for the above truck at the time. In addition, since the defendant was in a state of excess of his/her liability, there was no intention or ability to repay KRW 4 million.
Nevertheless, the defendant deceivings the victim as above, and acquired 4 million won from the victim's account (Account Number: M) through the same day.
Summary of Evidence
1. Partial statement of the defendant;
1. A protocol concerning the examination of the suspect against the defendant;