The punishment of the accused shall be determined by three months of imprisonment.

However, the above sentence shall be executed for a period of one year from the date this judgment became final and conclusive.

Punishment of the crime

On July 30, 2015, the Defendant paid the interest of KRW 2.90,00 won to the victim on July 30, 2015, in the “D” office for the victim’s operation of Songpa-gu Seoul Songpa-gu Seoul Metropolitan Government (hereinafter “D”), and paid the principal three months later.

“The purpose of “ was to make a false statement.”

However, in fact, the Defendant had a personal obligation of KRW 18 million, had failed to pay the user fee, etc. of the mobile phone properly, and even if the Defendant borrowed money as above without any particular property, there was no intention or ability to pay the principal and interest properly.

Nevertheless, the defendant deceivings the victim as above and acquired the amount of KRW 10 million from the victim to the account in the name of E used by the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on loan certificates and transaction details;

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

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Types of Decision] - Class 1 (a) of the Act on the Suspension of Execution [Special Fraud less than KRW 100 million] - The elements for mitigation of punishment: In the area of mitigation [the scope of recommendation] [the scope of recommendation] mitigation / [the scope of recommendation] 1 month to 1 year [the scope of general sentencing] / [the main reasons for suspension of execution] - Where the amount of substantial damage is considerably small: the amount of actual damage, the amount of punishment not punishable [the general reasons for suspension of execution] - If the amount of actual damage is considerably small : The amount of punishment not punishable [the general reasons for suspension of execution] - The causes for the same kind of crime / positive: clear social relationship - there is no serious reflect, there