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

1. Around January 20, 2008, the Defendant made a false statement to the victim C, stating, “I will complete payment with a loan of money to the owner of a business establishment who works within the country, because I have already been written and have not yet repaid the money. I will complete payment with a loan of KRW 7 million.”

However, the defendant did not have any intention or ability to repay the debt to D even if he borrowed money from the victim because the defendant has continuously increased the debt to D and the financial status of the defendant has deteriorated to the extent that he has failed to repay the debt until it reaches 27 million won.

The Defendant received KRW 1 million in cash and KRW 6 million in check, etc. from the victim on the same day.

Accordingly, the defendant was given property by deceiving the victim.

2. On February 20, 2008, the Defendant made a false statement to the above victim, stating, “I will have to repay money to the principal owner of the Hegian entertainment business because there is no money to repay the money so that I would have to repay the money to the principal owner of the Hegian entertainment business.”

However, the defendant was already unable to pay 7 million won in the previous amount from the victim, and the financial status of the victim with the money borrowed has deteriorated so that he/she should pay the money to the victim, so even if he/she borrowed money from the victim, he/she did not have any intention or ability to pay the money.

The Defendant received 20 million won from the victim to the account in the name of F on the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on details of trading complaint and passbook;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, 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. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation.