A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The Defendant, without fixed income, has a debt amounting to KRW 236,979,160, and all incomes are to be used for the repayment of the debt. The Defendant did not pay the credit amount at the time, and was unable to receive the credit amount due to the failure to pay the credit amount from the beneficiary. The Defendant did not have any intent or ability to pay the credit amount even if he borrowed money from the victim C.

1. Around April 2014, the defrauded made a false statement to the victim “E” in the “E” located in Seocho-si, Seocho-si, 2014, stating that “A person shall have paid the interest in advance, who shall pay the interest in advance, shall be sold in the face and first used in the face, and then shall be removed from the face.” Around the same day, the Defendant received from the victim one half of the gold-half of the amount equivalent to KRW 2 million in the market price on the same day with the loan borrowed from the victim.

2. On July 8, 2014, around July 2014, the Defendant: (a) made a false statement to the effect that, “The Defendant would pay half of the total sum of the total sum of the fixed sum of the fixed sum of the fixed sum of KRW 30 million, in a case where he/she had paid the credit to the Defendant, and he/she borrowed KRW 10,000,000 to the Defendant first to pay the credit to the Defendant; and (b) received the loan from the Defendant on the same day; and (c) received KRW 10,000,000 from the Defendant on the same day as the loan.”

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution (including the C’s statement part);

1. Statement to C by the police;

1. The loan certificate;

1. Details of deposit transactions;

1. A copy of a suspect’s pocket book;

1. Application of the Acts and subordinate statutes to the complaint;

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

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

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;