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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
1. On June 15, 2010, the Defendant said that, around 09:00 on June 15, 2010, at the victim D’s house located in Yong-gun, Chungcheongnam-gun, Chungcheongnam-gun, the Defendant said that, “The Defendant would complete the judgment upon appointment of an attorney, who would have lent 5 million won as the attorney’s fee is required.”
However, on March 7, 2008, the husband of the defendant filed a lawsuit seeking the revocation of the revocation of the revocation of the approval for medical care with the Daegu District Court, but appealed against the same court on October 14, 2009 and appealed. However, the appellate court did not have any intention or ability to complete the payment of the money borrowed from the victim due to the husband's hospital expenses and living expenses, etc., and the defendant did not have any other intent or ability to pay the money, even if he borrowed money from the victim as a result of the husband's hospital expenses and living expenses. In addition, even though the credit card debt amount reaches about KRW 30 million, he did not pay interest, and he did not use the money borrowed from the victim as a debt repayment or living expenses to other creditors. Thus, even if he borrowed money from the victim, he did not have any intention or ability to do so.
Nevertheless, the Defendant, as seen above, received 5 million won from the victim via the Agricultural Cooperative Co., Ltd. (F) in the name of the Defendant E at around 13:20 on the same day from the victim and acquired it by fraud.
2. On June 18, 2010, the Defendant: (a) at the place indicated in paragraph (1) around 08:00 on June 18, 2010, the Defendant provided that “if the Defendant lends money to the Defendant at the expense of attorney-at-law appointment, 10 million won should be added to the expense of attorney-at-law appointment; and (b) even if he/she sells a plaque, he/she will be repaid as at the end of the judgment at the end of the month.”
However, even if the Defendant borrowed money from the victim, he did not have the intent or ability to repay it.
Nevertheless, the defendant makes a false statement as above, and it is in the name of E on the same day from the victim.