A defendant shall be punished by imprisonment for six 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

On August 24, 2015, the Defendant told the victim D that “I will lend KRW 20 million per month interest and pay the principal by June 30, 2016.”

However, around that time, the Defendant had a debt equivalent to KRW 20 million with the lending company and other bonds, but there was no other property or income, but there was no intention or ability to repay the principal as agreed even if he borrowed money from the damaged party due to no particular property or income.

As such, the Defendant, by deceiving the victim, received 20 million won from the national bank account under the name of the Defendant in the name of the victim for the purpose of borrowing money from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or C;

1. Application of Acts and subordinate statutes on the loan certificate and copy of passbook;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (or choice of imprisonment, in consideration of the fact that the amount of damage is not substantial and has not been recovered from damage, etc

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (i.e., the violation of mistake and the imposition of a fine in 1996, in addition to once a fine in 196).