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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
While the Defendant was working at the entertainment station located in Gangnam-gu Seoul Metropolitan Government D, while managing female entertainment loans, the Defendant first became aware of the victim C who was found to be a guest at around 2010.
Around April 3, 2013, the Defendant may not have the victim only until he/she has repaid the amount of KRW 50 million on the E amusement main points that he/she would want to resign from the said entertainment main points.
A debt shall be repaid within one year from the day of full payment in lieu of a debt.
“A false representation was made.”
그러나 피고인은 당시 별다른 재산이나 수입이 없었고, 건강 보험료와 휴대전화요금을 내지 못해 피고인 명의의 계좌와 휴대전화를 사용할 수 없는 등 재산상태가 매우 나빴으며, 위 유흥 주점에서 손님을 제대로 유치하지 못하고 있어 다른 유흥 주점으로 옮기더라도 선 불금을 받을 수 없었기 때문에, 피해자에게 약속한 기한 내에 돈을 변제할 의사나 능력이 없었다.
Around that time, the Defendant had the victim pay the above amount of KRW 50 million to a person who was unable to know the name of the above entertainment shop, and acquired economic benefits by having the victim pay the above amount of KRW 50 million.
Summary of Evidence
1. Statement by the defendant in court;
1. Each protocol concerning the examination of the accused by the prosecution (including part concerning theC statement);
1. Statement made by the police against C;
1. The closure of a complaint, a written statement, a respective loan certificate, a camera, or a letter message;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Circumstances favorable to the reasons for sentencing under Article 32(1)3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation: The amount of damage not yet recovered is the first offender who has no record of criminal punishment, and the fact that the injured person made efforts to recover damage after committing the crime and recovered the amount of KRW 26.5 million out of the amount of damage.