A defendant shall be punished by imprisonment for six months.

However, 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 May 25, 2009, the Defendant made a false statement that “If the Defendant lends KRW 20 million with business funds to the victim E at an attorney-at-law office located in Chungcheongnam-si, Namyang-si, the Defendant would pay 20 million interest from the following month, and the principal will be repaid in full after 1-2 years. In addition, if the husband is the husband F, the Defendant would set up the right to collateral security on G building.”

However, in fact, the Defendant did not have any intent or ability to repay principal and interest even if he/she borrowed money from the said victim due to the lack of property, even though he/she had a debt of KRW 15 million to the Agricultural Cooperatives.

Accordingly, the Defendant deceiving the above victim as above and received 20 million won from the above victim as the borrowed money.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. E statement among the police interrogation protocol of the accused;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes, such as a mortgage contract;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense, the choice of punishment, and imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] General Fraud (less than KRW 100,000) and the range of comparative sentence between punishment and recommended punishment that have no basic area (6 to 1 year and 6 months): six months to 16 months (decision of sentence] imprisonment; six months to 6 months; two years of suspended sentence; two years of community service; circumstances unfavorable to community service 80 hours: victim and non-argument; non-argument; and the victim have no record of crime above suspended sentence. The defendant’s age, character, intelligence and environment; relationship with victims; motive, means and consequence of the crime; circumstances after the crime; and other factors of sentencing as prescribed in each subparagraph of Article 51 of the Criminal Act are considered. It is so decided as per Disposition.