A defendant shall be punished by imprisonment for six 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

On August 201, the Defendant, in the early half of 201, did not open a restaurant to the victim B at the Samsung semiconductor plant located in the semi-competuous-dong in the first half of 201, because of the lack of operating expenses.

On December 2, 2011, I would like to pay the money at that time.

The phrase “ makes a false statement.”

However, there was no intention or ability to repay, even if the Defendant borrowed money from the injured party, because the Defendant thought that he would not have any property, but not only borrowed money from the injured party and also would have been able to repay the borrowed money from another person.

As above, the Defendant: (a) by deceiving the victim; (b) received KRW 3 million from the victim on August 4, 201; and (c) received delivery from the victim on or around February 17, 201, in total, KRW 28 million from that time to February 17, 2012 in the same manner; and (c) received delivery of KRW 28 million in total on three occasions, such as the list of crimes in the attached list.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the statutes on a copy of the passbook in Korea;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act (the point of fraud) and the choice of imprisonment for the crime;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the mitigation area (one month to one year) in the mitigation area (one year from January to one year) (the person subject to special mitigation) is not subject to punishment, or considerable damage has been recovered, due to the application of the sentencing criteria [the scope of the recommended punishment] in general fraud;

2. The defendant has acquired a total of 28 million won from the injured party, and the nature of the crime is not good in light of the content, method, frequency, etc. of the crime.

However, considering the fact that the defendant's mistake is recognized, and there is no record of criminal punishment before this case, and that the victim does not want the punishment against the defendant, the circumstances leading to the crime, the age of the defendant, and the background leading up to the crime.