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A person shall be punished by imprisonment with prison labor for ten months with prison labor for a crime of No. 2 as stated in the judgment of the defendant, and by imprisonment for eight months.
(b).
Reasons
Punishment of the crime
On February 5, 2015, the Defendant was sentenced to 8 months of imprisonment with prison labor, 2015, and 2 years of suspension of execution at the Suwon District Court on November 26, 2015. On April 28, 2016, the judgment became final and conclusive on July 22, 2016, when sentenced to 4 months of imprisonment with prison labor and one year of suspension of execution to be a crime of fraud in the Suwon District Court’s Ansan Branch on April 28, 2016. On February 21, 2018, the judgment became final and conclusive on March 1, 2018, which was sentenced to 8 months of imprisonment with prison labor and 2 years of suspension of execution.
"2018 Highest 3087"
1. On May 18, 2013, the Defendant stated to the effect that “A” office in the “D” office of the victim B located in Ansan-si, Ansan-si, would lend money to the victim “D” office with the need to complete a funeral hall in Chungcheongju, the funeral hall will be completed after two months, and the funeral hall will be repaid to the money that received as a security.”
However, in fact, the funeral home business was in progress by E, not the defendant, and the funds that the defendant lent or provided to E, etc. with business funds were repaid from E, and there was no consent or permission from E, etc. to use the funds as a collateral for the funeral home. The defendant was liable for the amount equivalent to KRW 90 million for taxes and loans and the bonds worth KRW 100 million in a bad credit standing status. From August 2012 to September 2012, the defendant did not have the ability to repay the funds to the victim for the purpose of using the loans borrowed from F under the name of another (G) around April 4, 2013.
The defendant, who belongs to this, is 9,2430,00 won from the victim around June 12, 2013.