A defendant shall be punished by imprisonment for not less than eight 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 November 10, 2010, the Defendant stated that “C” operated by the Defendant in the Busan-gu Busan-gu B market, Busan-gu, stating that “The Defendant would pay back at any time to the Defendant, who is a charged merchant, that “It is necessary to have money to purchase a store where he/she intends to do so, and that money is necessary to buy clothes in Seoul-gu, and if he/she talks only before a month he/she lends money, he/she will do so.”

However, the Defendant did not have any intent or ability to make any investment in the store purchase or business, or to make any repayment at the request of the victim, even if he borrowed money from the victim because there was a large amount of debt to financial institutions and loan companies and there was a situation where the Defendant was making a repayment with credit card return, etc.

Nevertheless, the Defendant made a false statement to the victim and received KRW 1 million from the victim on November 10, 2010.

From that time to August 30, 2011, the Defendant received a total of 58 million won from the victim over 13 occasions as shown in the list of crimes in attached Form 1.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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

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

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (see, e.g., the circumstances leading to the instant crime, the agreement with the victim, the withdrawal of the complaint by the victim, the substantial amount of repayment, reflect