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A defendant shall be punished by imprisonment for not less than eight months.
However, 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
On January 12, 2012, the Defendant was sentenced to a three-year suspended sentence of imprisonment for the crime of acquiring third-party brain, etc. at the Gwangju High Court, and the Defendant appealed, but on October 25, 2012, the appeal was dismissed, and the judgment became final and conclusive.
[2011 Highest 1219] On July 28, 2010, the Defendant made a false statement to the effect that “A complaint is being investigated at the police station in question, which is urgently needed to be paid in advance, and if a complaint is lent to the police station, it shall be paid by the last day, and if the payment is not made, it shall be ordered to order the construction ordered by the former Gun.”
However, even if the defendant borrowed money from the victim, the defendant did not have any intention or ability to repay it or to introduce the construction ordered by the old military group.
The Defendant, as such, by deceiving the victim, received KRW 10 million in total from the victim, for the purpose of borrowing 10 million in the name of the victim.
[2011 Highest 3069]
1. The criminal defendant against the victim H did not have any intent or ability to complete payment, even if he/she borrowed money from the victim H working in a convalescent hospital in the old Military Medical Service I.
On July 7, 2007, the Defendant borrowed money to the victim, and received KRW 7 million in total from the victim on the same day, and KRW 13 million in total from July 9, 2007 to the Agricultural Cooperative Account in the name of the Defendant.
B. On May 18, 2008, the Defendant borrowed money to the victim and received 500,000 won from the victim, 120,000 won on May 24, 2008, 150,000 won on May 25, 2008, and 3.7 million won on June 7, 2008, from the Defendant’s agricultural bank account under the name of the Defendant.
2. On May 30, 2008, the criminal defendant against the victim J did not have the intent or ability to repay the money even if he/she borrowed money from the victim J working in the land-to-land office.
It shall be used and returned for one month.