A defendant shall be punished by imprisonment for four months.

except 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

1. On February 21, 2017, the Defendant of the crime committed on February 21, 2017, at a restaurant operated by the victim C in Jinju-si, Jinju-si, the Defendant stated to the effect that “If the Defendant borrowed money from the victim with the interest of KRW 50,000,000 after deducting the interest of KRW 10,000 from the interest of KRW 50,000,000, the construction cost shall be paid immediately.”

However, the Defendant did not engage in waterproof Construction, was able to receive money to use it for repayment of personal debt, etc., and there was no intention or ability to pay the money normally to the victim due to bad financial standing.

The Defendant, by deceiving the victim as above, received 9.5 million won from the victim to the NongHyup Bank account in the name of the Defendant on the same day.

2. The Defendant committed the crime of March 2, 2017, at a place where it is unknown on or around March 2, 2017, the victim C calls to the victim C to the effect that “If the cost of the waterproof construction is less than KRW 5 million and the amount of the construction cost is deducted from the amount of KRW 2.5 million, he/she would be repaid with the amount of KRW 10 million prior to the receipt of the construction cost if he/she borrowed the money.”

However, the Defendant did not engage in waterproof Construction, was able to receive money to use it for repayment of personal debt, etc., and there was no intention or ability to pay the money normally to the victim due to bad financial standing.

As above, the Defendant, by deceiving the victim, received 4.75 million won from the victim to the Nonghyup Bank account in the name of the Defendant on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to loan certificates, account transfer records, investigation reports (Attachment to D), investigation reports (the details of transactions accompanied by agricultural cooperatives under the control of the accused), investigation reports (the statement of transactions by the complainants);

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The Criminal Act, the suspension of execution;