A defendant shall be punished by imprisonment for not more than ten months.

except that 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 March 6, 2009, the Defendant made a false statement to the victim C at a restaurant located in Dobong-gu, Jinju-si, Seoul, stating that “I will lend KRW 3.5 million to I wish to pay back immediately to I pay monthly salary.”

However, the defendant did not have any intent or ability to repay the debt amounting to KRW 280 million, even if he borrowed money to the victim at the time.

As above, the Defendant, by deceiving the victim and receiving KRW 3.5 million from the victim’s own agricultural bank account, received KRW 3.5 million from the victim, and received KRW 103,462,172 in total over 23 times by November 17, 2009, as shown in attached Table 2 of Crimes List 2.

Summary of Evidence

1. Statement of the accused in the third protocol of trial;

1. Each police statement of C;

1. Application of C's complaint (including both copies of bankbooks attached thereto, etc.);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

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

1. When the defendant for the reason of sentencing under Article 62(1) of the Criminal Act is clearly unable to repay the borrowed money, the nature of the crime by deceiving the victim and by deceiving the money exceeding KRW 100 million is not weak, but the defendant is divided while committing the crime, the amount of damage is returned by the defendant and the victim does not want the punishment against the defendant, and the defendant has no other criminal records other than the punishment once by fine, etc. shall be determined as ordered in consideration of the circumstances.