Text
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 became final and conclusive.
Reasons
Punishment of the crime
[criminal records] On July 15, 2015, the Defendant was sentenced to two years of suspension of execution for a violation of the Labor Standards Act in the Gunsan Branch of the Jeonju District Court, etc., and the said judgment was finalized on January 21, 2016. On December 8, 2017, the Defendant was sentenced to eight months of imprisonment with prison labor for a crime of obstructing the exercise of rights by the Incheon District Court, and the said judgment became final and conclusive on December 16, 2017.
[Criminal facts]
1. On February 2, 2015, the Defendant called the victim D through C and repaid the E business funds that the Defendant operated by the Defendant one week after the loan.
“A false representation was made.”
However, even if the defendant borrowed money from the injured party, the defendant did not have any special asset E, and the defendant operated separately, F, a corporation with a separate operation, did not have any intent or ability to repay the money even if he borrowed money from the injured party.
As such, the Defendant, by deceiving the victim, received 40 million won from the victim to the Busan Bank Account (H) in the name of G designated by the Defendant on the same day.
2. On March 15, 2015, the Defendant called the above victim at a place where it is difficult to know the place on March 15, 2015, and additionally lends KRW 100,000,000 to the above victim’s bill of exchange as security, including KRW 40,000,000,000, prior to lending.
The phrase “ makes a false statement.”
However, the above bill was a brupted bill with no possibility of settlement from the beginning, and even if the defendant borrowed money additionally from the injured party, the corporation E did not have any special asset and the corporation F, which the defendant operated separately, did not have any intent or ability to repay in the financial shortage around that time.
As such, the Defendant, by deceiving the victim, received KRW 25 million from the victim to the former North Bank Account (I) in the name of the corporation E on the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of suspect of the defendant;
1. D. D.