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A defendant shall be punished by imprisonment with prison labor for up to six 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
1. On November 29, 2018, the Defendant made a false statement to the effect that “The Defendant, on November 29, 2018, lent KRW 3 million to a female-friendly job offering victim B, who is in a situation where it is difficult to flow the cash flow of Co., Ltd. jointly operated by the domestic corporation, with the corporate operating fund, the priority may exceed the difficult high-income amount. If the Defendant borrowed money, he/she would promptly repay the money.”
However, the defendant did not operate the above company and did not have a plan to use the borrowed money for the operation of the above company, and even if he borrowed money from the victim due to economic difficulties, he did not have an intention or ability to repay it.
The Defendant, as above, by deceiving the victim, received KRW 3 million in cash from the E-dong branch located in Kimhae-si, Kim Jong-si around November 29, 2018.
2. On January 11, 2019, the Defendant made a false statement to the effect that “The Defendant, on January 11, 2019, would arrange the Defendant’s business of the Company C” to the victim on the part of January 11, 2019, “if the Defendant borrowed KRW 10 million as cash is necessary, he/she will arrange and repay the business.”
However, as stated in Paragraph 1, the defendant did not operate the above company and did not plan to use the borrowed money for reorganization of the above corporation, and even if it was borrowed from the victim due to economic difficulties, there was no intention or ability to repay the money.
On January 11, 2019, the Defendant, by deceiving the victim as above, received 6 million won in cash from the Eacheon-si Branch of Eacheon-siF, and received 4 million won in cash from the post office account (G) under the name of the Defendant, and obtained a total of 10 million won in property profits.
Summary of Evidence
1. Defendant's legal statement;
1. Each record of police statements made to B, each record of entry and exit transactions, and the application of Acts and subordinate statutes reporting each investigation;
1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act concerning the selection of punishment;