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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
[Criminal record] On October 30, 2015, the Defendant was sentenced to four months of imprisonment for criminal fraud at the District Court of Jung-gu, which became final and conclusive on January 14, 2016.
[Criminal facts]
1. On June 1, 2013, the Defendant ought to install a sound system to make the victim C’s sexually against “D” in a coffee shop in which it is impossible to find out the trade name located in the Cheongbaek-dong, Seoyang-gu, Manyang-si.
It is necessary to pay 20 million won in the middle and high sound system.
In the face of 19 million won, 20 million won shall be paid after the second month of the Jeju-do.
“A false representation was made.”
However, in fact, the “D” that the Defendant had already installed a sound device, and there was no need to purchase the sound device, and there was no intention or ability to repay even if the Defendant borrowed money from the damaged party, because the Defendant was willing to use it for the repayment of the Defendant’s obligation, not for the purchase of the sound device.
The Defendant received KRW 19 million from the damaged party to the Agricultural Cooperative Account under the name of the Defendant on the same day.
Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.
2. On June 26, 2013, at the coffee shop as described in paragraph (1) around June 26, 2013, the Defendant made a false statement that “50 million won is expected to borrow start-up funds and 500 million won is expected to go back to the victim C, but the loan of start-up funds is not made to the person who set up the bridge but did not reach 10% of the loan.” The Defendant made a false statement that the above victim did not have any money. The Defendant paid 20 million won of the loan before the loan if he did not receive the start-up funds.”
The loan of KRW 27 million is first borrowed with KRW 20 million and KRW 50 million within three months.
“The phrase “ was false.”
However, in fact, there is no time to apply for the loan of start-up funds, and since it was thought to be used for the repayment of the defendant's obligation, not for the person who introduced the start-up funds, the money from the injured party.