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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
The defendant is a person who operated C in Gangnam-gu Seoul Metropolitan Government 3rd floor of B building.
1. On June 2006, the Defendant made a false statement to the effect that “When the Defendant extended money to the victim D, the Defendant would pay 20 million won after calculating 3 additional interest. It does not know that the Defendant is operating a home-based enterprise.”
However, the defendant did not operate the bond business, and even if he borrowed money from others, such as the closure of the goods distribution business on January 2007, since the goods distribution business operated at the time was proper, there was no intention or ability to pay the money.
On June 21, 2006, the Defendant received delivery of KRW 10 million to the Korea-U.S. bank account (E) under the name of the Defendant on June 21, 2006, and KRW 10 million to the above account on June 22, 2006.
2. Around July 6, 2006, the Defendant borrowed the above money at the place under the preceding paragraph, but was unable to repay, and the Defendant was urged to pay the money from the victim D, and the Defendant stated that “The Defendant was able to pay the money in advance. However, if the Defendant’s payment of the money was made by paying it, he may pay it up to the money borrowed before the payment was made. Furthermore, the Defendant would pay 200,000 won as aground and receive 42,000 won as aground.”
However, as seen in the preceding paragraph, there was no business deficit and no office maintenance cost, and for this reason, there was no intention or ability to repay the money borrowed from the victim to the victim.
The Defendant, as such, by deceiving the victim, received 20 million won from the victim, who was in his seat.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. Application of the Acts and subordinate statutes governing the loan certificate as of June 21, 2006, the loan certificate as of July 6, 2006, and the written statement of transactions of bank accounts in D name;
1. Article 347 (1) of the Criminal Act by universal title with respect to the relevant criminal facts;
1. Suspension of execution;