A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who has actually operated a mutual bath called "C" in Busan Heung-gu B.

Around August 2011, the Defendant made a false statement to the victim D that “When lending KRW 10 million to 10,000,000 to the victim of the above bath, the Defendant would make payment later by combining interest rate of KRW 20,000,000.”

However, the Defendant, at the time, was in a cumulative state, such as gas costs, water supply and electricity unpaid amounting to KRW 50 million, and the amount of unpaid gas costs succeeded from the previous owner of the business. Although there was no other revenue or property, there was a load of KRW 23.5 million other than the instant case’s liabilities, and the said bath did not have the intent to repay money from the victim on December 4, 2012 with the building under the name of KRW 23.5 million, even if the Defendant borrowed money from the victim, such as the ownership transfer registration was made in the name of F on December 4, 2012.

As such, the Defendant, by deceiving the victim, received cash worth KRW 10 million from the victim in the name of the borrowed money at the above temporary and irregular place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Notarial deeds;

1. Investigation report (Attachment of a detailed statement of deposit transactions in the name of the complainant);

1. Application of Acts and subordinate statutes to investigative reports (financial transactions together with the principal);

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant has been punished for the same kind of crime.

The amount of damage has not been repaid.

The defendant acknowledges and reflects his criminal act.

In addition, the defendant's age, character and conduct, environment, family relationship, motive and circumstances of each of the crimes of this case, circumstances after the crime, etc. shall be comprehensively considered and the punishment shall be determined as ordered by the order.