A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

1. On March 15, 2015, the Defendant made a false statement to the victim B, who was friendly to neighbors at the mutual influorial house located in Suwon-si, Suwon-si, Suwon-si, that “The Defendant would be free from the lending of money to the lending of money.”

However, the defendant did not have paid money, and even if he borrowed money from the injured party due to a large amount of debt, he did not have the intention or ability to pay it.

As such, the Defendant deceptioned the victim, and was granted KRW 1,20,000 on March 15, 2015, KRW 1,000,000 on April 12, 2015, KRW 3 million on June 17, 2015, KRW 2720,00 on August 27, 2015, KRW 270,000 on November 26, 2015, and KRW 1,2030,00 won on December 30, 2015.

2. On February 5, 2016, the Defendant, even though not having sufficient means to repay as above at the point of the Namwon-si, Suwon-si, the Defendant concluded that “The Defendant would lend money to the said victim after the lapse of one to two months in a restaurant,” and was granted KRW 10 million in total, including KRW 5 million in the account in the name of the Defendant, and KRW 5 million in cash, from the victim, on the same day.

Summary of Evidence

1. A protocol concerning the examination of the suspect against the defendant;

1. Statement made with respect to the preparation of a warning against B;

1. Application of Acts and subordinate statutes governing filing of a complaint, receipt of loan, detailed statement of transactions in each passbook, bankruptcy and exemption;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. In light of the size of the defendant's reason for sentencing under Article 62 (1) of the Criminal Act (a favorable consideration of the reason for sentencing), the amount that the defendant acquired by deceit, the defendant delivered money to some victims as interest, and the defendant is a primary offender who has no record of punishment so far.