A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On October 29, 2009, the Defendant: (a) at the victim E’s house located in Gangseo-gu Seoul Metropolitan Government D 102 on October 29, 2009, the Defendant said that “on the loan of KRW 20 million to the neighboring victim, the Defendant would pay interest at the rate of KRW 1.5% per month and KRW 300,000 per month.” (b) However, even if the Defendant borrowed money from the victim due to the absence of any special income and there was no economic surplus, such as borrowing of money from another person, there was no intention or ability to pay the money properly.

As such, the Defendant made a false statement to the victim and received cash KRW 20 million from the victim immediately.

2. At the above victim’s house on November 26, 2009, the Defendant stated that “If the Defendant lends KRW 10 million to the above victim, the Defendant would pay KRW 150,000 per 1.5 million interest per month. The remainder shall be repaid by no later than November 30, 201, and shall be repaid by no later than June 30, 201,” but there was no intention or ability to repay the borrowed amount as it is not good under the economic circumstances, such as paragraph (1).

As such, the Defendant made a false statement to the victim, and received cash of KRW 10 million from the victim immediately on the same page, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements to E;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is against the Defendant’s confession of the instant crime, the fact that there is no same record, the victim expressed his intention not to have the Defendant punished, and the circumstances, means, methods, and results of the instant crime shall be determined as the same as the order.

It is so decided as per Disposition for the above reasons.