A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On November 15, 2013, the Defendant calls the victim B from the place of influence on November 15, 2013, and calls the victim B to “the cost is urgently required.”

If the price is lent, it shall be used only until this month.

“A false statement” was made.

However, in fact, even if the defendant borrowed money from the victim B under the pretext of the original payment due to a large amount of personal debt, he did not have the intention or ability to pay it.

As such, on November 15, 2013, the Defendant, by deceiving the victim B, was issued KRW 10 million from the victim B to the national bank account C in the name of the Defendant.

2. On December 2, 2013, the Defendant: (a) via D, the land in Franchising land B on December 2, 2013, the victim E requires the cost of the project, including the cost of the original unit purchase, to the victim E.

The loan shall be made within three months from the date of the loan.

“A false statement” was made.

However, the defendant did not have an intention or ability to repay as promised even if he borrowed money from the complainant as the purchase price for the original demand.

As such, on December 9, 2013, the Defendant, by deceiving the victim E, received 40 million won from the victim E to the national bank account C in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Each complaint;

1. Application of Acts and subordinate statutes on deposit of borrowed funds;

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;