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.

피고인은 2012. 6. 28. 경 지인의 소개로 알게 된 피해자 C에게 “ 돈을 빌려 주면 이자를 주겠다” 고 설명하고 2012. 7. 중순경 피해 자로부터 1,000만원을 빌려 며칠 후 1,020만원을 갚는 등으로 피해자의 환심을 샀다.

After July 20, 2012, the Defendant loaned money to the victim C from the Gangdong-gu Seoul Metropolitan Government D Building E to the victim “as much as the money is needed to operate his/her business. In good case, the principal and interest will be securedly.

“A false statement,” however, the Defendant borrowed money from the victim to use it for illegal gambling or futures trading and did not have any intent or ability to repay the principal and interest to the victim due to the lack of sufficient funds.

Nevertheless, the defendant deceivings the victim as above and acquired 10 million won from the victim to the bank account in the name of the defendant on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. C Witness’s testimony;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to the accusation, copy of passbook, and statement of transactions of suspect Korean bank;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The punishment shall be determined in consideration of favorable circumstances, such as the fact that the crime of this case was committed by the victim, who had access to the victim, which was recorded in the situation of Korea due to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act, and the fact that the damage was not recovered, and that the crime was denied due to the circumstances unfavorable to the defendant, such as the fact that there was no past conviction or heavier punishment than that of the same kind of punishment, etc