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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On September 6, 2018, at the notary office of Songpa-gu Seoul Metropolitan Government (hereinafter “Seoul Songpa-gu Office”), the Defendant made a false statement that “If the Defendant loans KRW 50,000,000 to the victim E urgently needed money, the Defendant would pay the interest of KRW 3.5% per month and the principal would be repaid by September 6, 2020, and the principal would be repaid by all until September 6, 2020, although the order of clothing was issued to China due to lack of the clothing cost, but the Defendant did not find any goods due to the shortage of the clothing cost, the Defendant would recover the loan and pay the money by selling the substitute and tin, and separately, he would subscribe to the fraternity operated by the branch and make the payment in 200,000 won per month.”
However, the Defendant did not have any other fixed income, and at the time of borrowing money, the Defendant had already been liable for the liability of KRW 110 million to other persons, and at the time of paying interest, the Defendant had no intention or ability to pay the principal and interest up to the due date for payment, which is promised to pay the total amount of KRW 21 million per month.
The Defendant received 50 million won from the victim to the G Bank account (H) in the name of the Defendant’s child under the name of the F Bank account in the name of the same day.
Accordingly, the defendant was given property by deceiving the victim.
2. The Defendant, at the time and place specified in paragraph (1), prepared and executed a notarial deed of a monetary loan for consumption with a claim to the effect that “If the Defendant transferred 50 million won to the Defendant I and J, and the Defendant would have delayed payment of interest on two or more occasions, he/she would have immediately lost the benefit of time and would have no objection to the commencement of compulsory execution by the victim.”
However, the defendant bears an obligation exceeding KRW 100,000 as described in paragraph (1), and the victim shall be monthly in the economic situation where the monthly income begins for the fourth month.