1. The defendant shall be punished by imprisonment for three months;

2. Provided, 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 October 2012, the Defendant stated that “B” in the “B” store of the Defendant’s operation in the Eunpyeong-gu Seoul Metropolitan Manman, the Defendant would pay the victim C the interest on the second-time monthly interest on the loan of money, and pay the installment savings at the end of December 2013.”

However, there is no intention or ability to repay the amount even if the Defendant borrowed the amount from the victim due to the reason that the Defendant was liable to pay approximately KRW 400 million, and there is a need to pay the amount equivalent to KRW 10 million per month.

On October 10, 2012, the Defendant received 10 million won from the victim to the national bank account in the name of the Defendant as a loan borrowed on October 10, 2012.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C by the police statement;

1. Application of each Act or subordinate statute to a copy of a bankbook, a request for case search by the Supreme Court, and a reply against objection;

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

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

1. Scope of punishment: One month to ten years of imprisonment;

2. The sentencing guidelines [decision of types] the categories of fraud crime group, the types of general fraud 1 (less than 100 million won) [the scope of recommendations] mitigation area: Imprisonment from Above one year special mitigation factors: None of the penalty grounds/special aggravation factors:

3. Determination of sentence: Three months of imprisonment; and

4. Whether or not the suspension of execution is positive for two years (the main reasons for the suspension of execution): There is no negative negative reason for the suspension of execution (the reason for the suspension of execution): positive: there is no serious reflection, there is no criminal conviction or heavier than the suspension of execution, and there is no negative reason that the defendant's health status is not good: (comprehensive comparison and evaluation) shall be sentenced to the suspension of the execution of imprisonment with prison labor within the scope of the recommended punishment, in comprehensive consideration of the reasons for the main reference, the reasons for general reference