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The punishment of the accused shall be eight months by imprisonment.
However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant, a Buddhist temple C in South-gu, Nam-gu, and the victim D, as a construction business operator, contracted the construction of the said C C C C C C C C C C C C house to the victim on February 2014.
On April 11, 2014, the Defendant made a false statement to the effect that “F would not pay interest on a loan to F. It would go beyond the auction if C would have to pay interest on a loan to F. It would be more than KRW 50 million. When a charnel house is constructed, the Defendant would receive additional loans and repay KRW 50 million.”
However, the Defendant had been urged to pay the debt to the bond company at the time, and the interest to be paid to F exceeded KRW 50 million, and was in arrears due to failure to pay the national tax of KRW 70 million imposed in 2012, and the land and building of the temple was in the state of setting a collateral of KRW 351 million with the maximum debt amount of KRW 350,000,000,000 to the creditor as the creditor. Even after the completion of the charnel construction, even after the completion of the said construction, there is a large amount of debt related to the construction cost of the charnel, such as the creditor Company H, a creditor corporation, and KRW 300,000,000,000, the land and building of the temple is highly likely to be provisionally attached, so preventing the progress of auction by paying interest or principal to F and resolving other debt relations, and there was no intention or ability to repay the debt to the victim by operating the charnel normally after installing the installation of a charnel to satisfy the requirements for reporting the expenses.
As above, the Defendant, by deceiving the victim as above, received KRW 50 million from the victim in the name of the defendant under the name of the victim as the borrowed money on the same day.
Summary of Evidence
1. The defendant's legal statement (part);
1. Each legal statement of witness D and K;
1. Statement made to D by the police;
1. Each report on investigation;
1. A copy of the passbook and a written confirmation [the defendant shall be the defendant, and the defendant shall be the defendant C located in Nam-gu, Nam-gu (hereinafter referred to as "the defendant").