A defendant shall be punished by imprisonment for not less than eight 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 January 15, 2015, the Defendant made a false statement to the effect that “The Defendant borrowed money to use as a security deposit to move from 101-dong, Yangcheon-gu, Seoul apartment building C, 101-dong, 105 to 105-dong, and that “the Defendant will complete payment without fail to operate a restaurant.”

However, at the time of fact, the Defendant did not have any property or income other than about 3 million won per month, while at the same time, the Defendant did not have an intention or ability to pay the interest of about 5 million won per month, as he was under the circumstances that he was obliged to pay about 217 million won including bonds, and thus, he did not have an intention to borrow money from the damaged person even if he borrowed money.

As such, the Defendant, by deceiving the victim, was given KRW 10 million from the victim, to the victim, i.e., from the date of the loan, and received KRW 112 million from the time of September 30, 2015, in total, up to September 11, 2015, as indicated in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Copies of promissory notes;

1. Application of Acts and subordinate statutes on account transactions;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Imprisonment with prison labor chosen;

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. Where a person intentionally commits a deceitful act in the area of special mitigation (from May to February 6) (in the case where a person subject to special mitigation) within the area of special mitigation (from May to February 6), or the extent of deception is weak, the reason for sentencing under Article 62(1) of the Criminal Act [the scope of recommending punishment] of the Act on the Suspension of Execution (in the case where a person subject to special mitigation was committed intentionally, or where the degree of deception is weak;