A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Punishment of the crime

The Defendant, around December 19, 2017, lent KRW 10 million to C restaurant located in Gunsan-si B, to D, who is a branch, and repaid KRW 10 million each month for ten months.

“The purpose of “ was to make a false statement.”

However, the Defendant had been in bad credit standing at the time, and had an individual debt worth KRW 70 million, and there was a very poor economic situation, such as expenditure of principal and interest equivalent to KRW 3 million per month without any particular revenue, so there was no intention or ability to repay the victim KRW 10 million within the ten-month period.

Nevertheless, the Defendant deceiving the victim as above and received KRW 10 million from the victim to the E bank account (F) in the name of the Defendant for the following day from the victim. From around that time to May 11, 2018, the Defendant deceptioned the victim by the above means seven times in total, as shown in the attached Table “crime List”, and acquired it by deceiving the victim from the victim and by deceiving him/her as a sum of KRW 4272,00 from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes to the complaint;

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

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

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of the recommendation type according to the sentencing guidelines [the decision of type] the general fraud [the type 1] below KRW 100 million [the special person] - the mitigation element: in a case where a deceitful act is committed intentionally, or the degree of the deceptive act is weak, the case where the degree of the deceptive act is weak, [the area of recommendation and the scope of the recommendation type] special mitigation range, the case where there is no special reduction range, one month to one year [the general person in a form of punishment] [the reasons for suspension of execution] [the reasons for suspension of execution] - The case where a willful deceptive act is committed or the degree of the deceptive act is weak, the amount of punishment is not imposed;