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.

Punishment of the crime

The Defendant is a person who has been engaged in the wing business in Seoul Jongno-gu B Building C with the trade name "D", and the victim E is a person who has served in the said B building F head office as a building manager.

The Defendant had a debt equivalent to approximately KRW 12 million in around 2016, and the management of the business was hostile and there was no fact that he had subscribed to the several million foot. Therefore, even if he borrowed money from the injured party, he did not have an intention or ability to repay it.

1. On April 20, 2016, the Defendant: (a) entered the victim’s membership in the franc system in Jongno-gu Seoul Metropolitan Government building B located in Jongno-gu, Jongno-gu; (b) if only ten million won is loaned, part of the Defendant’s membership in the franc system will be placed in the time limit and used as the operating fund.

In October 2016, at least 10 million won, the Plaintiff received a cash payment from the injured party at the same place on June 22, 2016 and acquired a cash payment of KRW 10 million from the injured party, on the following grounds: (a) the Plaintiff paid a down-to-paid rent of KRW 10 million; and (b) the Plaintiff received a cash payment of KRW 10 million from the injured party at the same place.

2. On July 2016, the Defendant loaned KRW 7 million to the victim at the same place of business around the same day, as “it is necessary to obtain studio, and KRW 7 million is leased. The Defendant will pay a full amount of money as soon as possible to continue the strawing business.

‘Falsely speaking, it was obtained seven million won from the injured party in cash at the same place on August 20, 2016 and acquired it by deceit.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A copy of a complaint, a copy of a promissory note, and a copy thereof;

1. Application of Acts and subordinate statutes to investigation reports (victim E telephone conversations);

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant was friendly with the victim when he committed the instant crime, even though he did not have any particular financial resources and exceeded his obligations at the time of the instant crime.