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 becomes final and conclusive.

Punishment of the crime

around December 2010, the Defendant stated that “The victim D’s house located in the Jung-gu Seoul Metropolitan Government, “on the other hand, would return money to the amusement room any more than one, and pay interest on the second part of the month, immediately after several months, if the Defendant borrowed money to the victim.”

However, in fact, the defendant was thought to use the money borrowed from the injured party for the repayment of his/her personal debt, competition, etc., and there was no occupation at the time and no particular property was available to the injured party for the repayment of the borrowed money.

Around December 27, 2010, the Defendant: (a) by deceiving the victim and deceiving the victim; (b) obtained the transfer of KRW 10 million from the new bank account (E) with the Defendant’s name; and (c) KRW 30 million from January 28, 201 to the said account; and (b) acquired the money by deceptioning KRW 40 million in total.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Report on investigation (Correction of Crime List) and details of account transactions;

1. Determination as to the defendant's assertion of the loan certificate

1. The defendant's assertion that he merely borrows money from the injured party to run a entertainment room in order to run the money business in the gambling place operated by the injured party.

Around that time, there was no deception and had the intent and ability to repay money to the victim.

The argument is asserted.

2. The following circumstances acknowledged by the record of judgment, namely, ① the amount loaned by the victim to the defendant exceeds KRW 70 million, and the victim stated consistently until the investigation agency and this court that the above loan was lent to the victim by stating that the amount of KRW 40 million, which is stated in the facts constituting the crime, is one more entertainment room; ② the defendant prepared and stated a loan certificate to the effect that he borrowed KRW 40 million from the damaged person at the time of borrowing the instant money; ③ the defendant used the money of KRW 40 million for personal debt repayment and horse racing, etc., ③ The defendant used the money of KRW 40 million,00,000,000,000 for personal debt and horse racing, not for entertainment room, but for the defendant's assertion.