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

The defendant is an employee of B, and the victim C is a person who operates B.

On July 2016, the Defendant made a false statement to the victim that “a security deposit is needed to make a director. It is possible to lend KRW 20 million to the victim.”

However, as above, the defendant merely thought that he will use the money borrowed from the victim as a debt and living expenses to the financial institution, and there was no intention or ability to repay even if he borrowed KRW 20 million from the victim due to no particular revenue at the time.

On July 9, 2016, the Defendant received KRW 20 million from the victim to the E account (F) in the name of the Defendant.

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. A complaint;

1. Detailed statement of the records on gold transactions;

1. List of individual rehabilitation creditors;

1. G deposit certificate;

1. Answers to requests for cooperation with investigation;

1. In cases of response to the credit information of H with respect to investigative reports;

1. A investigation report (related to attachment of a passbook in the name of a suspect), a detailed statement of details of transactions from admission and withdrawal, a list of individual rehabilitation creditors, a list of list of individual rehabilitation creditors, a list of property, a list of C transactions, a detailed statement of details of transactions from admission and withdrawal (I, Account Number J), a detailed statement of details of transactions from admission and withdrawal (I, Account Number K);

1. Application of Acts and subordinate statutes to investigation reports (related to investigation into details of passbook transactions in the I name of the suspect and his/her spouse);

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

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

1. Although the amount of damage on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is not much significant, the amount is currently being repaid through individual rehabilitation procedures, the primary offender is the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the conditions of all the sentencing specified in the arguments of this case, such as the circumstances after the crime, shall be determined by taking into account the following factors.