A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Criminal facts

From around 2009, the Defendant became aware of the victim E who had been a guest while operating the “D Scrap golf course” in Suwon-gu, Busan.

In December 201, the defendant, in the early 201, was engaged in the victim's business of selling and buying the scraped golf, and the money is not enough.

If 100 million won necessary for the purchase of machinery is lent, 2% interest per month shall be paid, and money shall be repaid after one year.

The phrase “ makes a false statement.”

However, the Defendant was thought to use the money received from the injured party to sell stocks, and it was reported that there was a significant loss from the sale of stocks. Since the operation of the screen golf course and the use of the used machine to receive a loan from the lending company due to the borrower's failure to do so, there was no intention or ability to pay the loan even if he borrowed money from the injured party.

On December 12, 201, the Defendant was transferred to Busan Bank account in the name of the Defendant, after deducting 2 million won from the prior interest around December 12, 201 from the damage.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A complaint filed by E;

1. Application of Acts and subordinate statutes on account transactions, such as a process deed, a detailed statement of each transaction, a result of replies, a result of a case-based investment securities reply;

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

1. Selection of imprisonment with prison labor chosen;

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

1. The scope of punishment by imprisonment: One month to ten years;

2. Scope of the recommended punishment according to the sentencing criteria: One month to one year.

(a) Determination of types: One type of fraud (less than KRW 100,000) in general;

(b) Special sentencing factors: In cases where punishment is not imposed or considerable damage is recovered (requirements for mitigation).

(c) Determination of the territory of recommendation: Reduction territory;

3. Determination of sentence: The amount of damage caused by fraud as stated in the holding of six months of imprisonment and two years of suspended execution shall not be stated as KRW 98 million;

However, the defendant is the defendant.