1. The defendant shall be punished by imprisonment for six months;

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

3.

Punishment of the crime

The Defendant acquired a total of KRW 25 million from the victim C on two occasions as follows.

1. On October 6, 2011, the Defendant concluded that “Around October 6, 2011, the Defendant would lend KRW 15 million to the victim, if he/she borrowed KRW 300,000 to the victim, he/she will pay the principal to the victim at the end of December 2012.”

However, the Defendant did not have the intent or ability to repay even if he borrowed money from the victim as above, due to the Defendant’s debt worth KRW 150 million from the lending company at the time of borrowing money from another person.

The Defendant, as above, by deceiving the victim, received from the victim the delivery of KRW 15 million from the victim.

2. On November 18, 2011, the Defendant made a false statement with the victim of the instant E, stating that “If Schlage loans KRW 10,000,000,000,000,000,000,000 that it should be closed due to his/her failure to engage in funeral services, 200,000 won monthly interest shall be paid, and the principal shall be repaid until the end of December 2012.”

However, the Defendant did not have the intent or ability to repay even if he borrowed money from the victim as above, due to the Defendant’s debt worth KRW 150 million from the lending company at the time of borrowing money from another person.

The Defendant, as above, by deceiving the victim, received from the victim the delivery of KRW 10 million from his seat.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Application of the police protocol law to C

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

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

3. Article 62 (1) of the Criminal Act ( Taking into account factors of sentencing favorable to the accused among the reasons for sentencing following the suspended sentence).

4. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is the defendant.