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A defendant shall be punished by imprisonment for not more than ten months.
except that 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. On April 9, 2012, the Defendant: (a) at the “G Real Estate Office located in Ulsan-gu, Ulsan-gu, Seoul-gu, the Defendant: (b) borrowed KRW 60,000,000,000 from the “G Real Estate Office” to the victim D; (c) if the funds are insufficient, the Defendant would sell the said apartment; (d) if the Defendant fails to pay KRW 75,00,000,000,00,000 including the interest on the said funds until the end of August 2012, he would sell the said apartment. However, even if the Defendant borrowed the above 60,000,000 won from the victim’s business funds at the time, the Defendant did not have the intent or ability to pay the 60,000,000,000,000,000 won for sale in lots; and (e) the Defendant did not have any intention or ability to sell the apartment in lots to H on the basis of payment for the construction funds.
However, the defendant did not have the intent or ability to repay the money even if he borrowed the money from the victim due to the lack of the business funds at the time, and there was no intention or ability to sell the money by selling it to the J which has already paid the sale price to the above 601 on June 2012.
Therefore, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. Each prosecutor's statement to H, D, I, J, and K;
1.Each.