A defendant shall be punished by imprisonment for not less than eight 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

On August 2008, the Defendant stated that “The Defendant would pay the victim and pay the interest three months if the amount is urgently needed, and 50 million won is lent to the victim,” at the office of the victim D in Daegu-gu, Daegu-gu, Seoul-si.

However, in fact, the company operation was not good such as reducing the number of employees because of the decrease in the quantity of the customer supply in the (ju)E operated by the defendant at the time, and even if the company's debt was borrowed by the apartment as security, it did not have the intent or ability to repay the debt, even if the debt of the company is considerable in the amount of 10 million won to 2-300 million won to borrow money from the victim.

Accordingly, the Defendant, by deceiving the victim as such, received from the victim the remittance of KRW 50 million on August 25, 2008 to the passbook under the name of the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused;

1. Statement of D police statement;

1. A complaint;

1. In light of the fact that the Defendant did not have the intent or ability to repay the money even if he borrowed money from the victim, it is sufficiently recognized that the Defendant did not have the intent or ability to repay the money even if he borrowed money from the victim.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crime;

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

1. The reason for sentencing of Article 62-2 of the Social Services Criminal Act [the scope of recommendations] General Fraud (less than KRW 100,000) No basic area (under six to one year and six months) [the decision of sentencing] [the amount of damage [the decision of sentence] 5 million won, and the amount of damage is not a change in the damage. However, the amount of damage previously borrowed four million won was fully repaid and the interest for five million won in the instant case is more than ten months.