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

The defendant and the victim B are in conflict with each other.

1. On April 17, 2017, the Defendant borrowed money from the victim’s residence in the Nam-gu Incheon Metropolitan City, Seoul building 301, on April 17, 2017, to the extent that “the victim needs money.” On the other hand, the Defendant made a false statement to return money immediately when the sale office is well available at the present sales office.

However, at the time, the Defendant was at KRW 24,800,000 of the loans owed by financial institutions, and even if he borrowed money from the damaged party without any specific property, he did not have any intent or ability to repay it.

The Defendant received 9,100,000 won on the day of borrowing from the damaged person on the pretext of borrowing money, and 5,000,000 won on April 18, 2017, and 4,000,000 won on April 19, 2017 from the Defendant’s national bank account (D), respectively, and acquired 18,10,000 won in total from the Defendant’s national bank account.

2. On May 12, 2017, the defrauded want to pay money to the victim in the same place as indicated in paragraph 1 of May 12, 2017, at the same time and place as indicated in paragraph 1 of the same Article.

A false statement was made that a person would pay off money from the lending of money.

However, at the time, the Defendant was at KRW 24,800,000 of the loans owed by financial institutions, and even if he borrowed money from the damaged party without any specific property, he did not have any intent or ability to repay it.

The defendant received 16,00,000 won from the damaged person on the same day as the loan, and acquired it through the defendant's national bank account (D).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes on filing of a complaint, details of passbook transactions, and details of deposit and withdrawal transactions;

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. The reason for sentencing of Article 62(1) of the suspended sentence under the Criminal Act [the scope of recommendation] general fraud (less than KRW 100,000) is that there is no basic area (from June to one year and six months) [the person who is subject to special sentencing] [the decision of sentencing] committed the instant crime against the victim.