A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The defendant was unable to repay approximately KRW 90 million with the guaranteed obligation, and he did not have any other property, and even if he borrowed money from the victim D with the pretext of paying interest, he did not have any intention or ability to pay the interest.

In April 2008, the defendant paid 1 million won interest each month to the victim D's house located in the Jung-gu Seoul Metropolitan Government E, and paid 45 million won to the victim, and guaranteed the principal repayment after 2 years.

‘Falsely speaking', the victim acquired 45 million won from the victim as the borrowed money on the 24th day of the same month.

Summary of Evidence

1. Legal statement of witness D and F;

1. A protocol concerning the examination of partially the accused by the prosecution (including the part concerning D's statement);

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes to each investigation report and current liquidity transactions;

1. The sentencing reasons for sentencing under Article 347(1) of the Criminal Act is equivalent to the amount of damage for a crime. The remaining amount of damage remains even if the defendant paid the victim with interest, etc. considering the amount of interest, etc., and considering other circumstances, such as the defendant's age, environment, circumstances after the crime, etc., the defendant shall be sentenced to the same punishment as the order, but the court shall not order the defendant to give an opportunity to recover from damage.