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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On May 23, 2014, the Defendant borrowed KRW 400 million from the victim D (the death of April 23, 2016) and failed to repay the loan amount of KRW 400 million. On December 9, 2014, the victim received an order from the Changwon District Court to pay KRW 400 million against the Defendant, and on July 24, 2015, the Changwon District Court issued a seizure order with the purport that the Defendant’s debt amount of KRW 363,220,00 against the Defendant’s third debtor is seized and ordered.
On July 29, 2015, the Defendant was in the G Office located in the F of the Haak-gun, Chungcheongnam-gun, Gyeongnam-gun on July 29, 2015.
Upon withdrawal of the application, the Plaintiff made a false statement to the effect that the Plaintiff would repay KRW 10 million from August 2015 to September, 2015, and thereafter repay KRW 600 to KRW 10 million each month.
However, facts have been operated by the defendant at the time.
G’s debt amount was approximately KRW 3 billion, and it was extremely difficult to operate the G to the extent that it was difficult to pay monthly wages to its employees due to almost little lack of sales. Therefore, even if the injured party withdraws the above claim seizure and the entire order, the injured party did not have the intent or ability to repay the borrowed money to the injured party.
On July 29, 2015, the Defendant, by deceiving the victim as such, had the victim withdraw the application for the attachment and assignment order of the above claim from the Changwon District Court on July 29, 2015, thereby acquiring property benefits secured by the above attachment and assignment order.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of the Acts and subordinate statutes to the complaint;
1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;
1. The sentencing of selective sentencing is less than KRW 100,00,000,00, which is the basis for the reduction of the classification of the types of punishment. The sentencing of selective sentencing is less than KRW 100,00,00,000 or less than KRW 100,00,00,000 or less than June 1 through June 2: the sentencing of recommending mitigation factors (abscaming the degree of deception): the sentencing of general sentencing factors (use of personal trust).