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 became final and conclusive.

Punishment of the crime

1. On April 2015, the Defendant told the victim D (the age of 53) who was aware of the Defendant’s living woman C through his/her living together with the Defendant at the Seocho-gu Seoul Franman (Seoul), that he/she would return money to the Defendant within 10 days if he/she lends money to the Defendant to operate a business opening the original restaurant.

However, the Defendant did not have a plan to operate an original restaurant; the Defendant thought that he received money from the victim demanding the repayment of the money borrowed from E; and there was no intention or ability to repay the money borrowed from the victim within the fixed period of time due to the absence of any particular property at that time.

Nevertheless, on April 7, 2015, the Defendant acquired 20 million won from the victim’s false statement to the Defendant’s single bank account on April 7, 2015.

2. On April 15, 2015, the Defendant stated that “Around April 15, 2015, the victim specified in paragraph (1) D of this Article stated that “If the 10 million won is insufficient in performing the cafeteria construction of a restaurant, the Defendant would be fully repaid all of 30 million won, including the money borrowed prior to the lapse of 20 days.”

However, as stated in paragraph (1), the defendant did not have any intention or ability to pay the money to the victim.

Nevertheless, the Defendant acquired 10 million won from the victim’s account as stated in paragraph (1) of April 15, 2016 by means of false statement to the victim, thereby acquiring 10 million won from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the witness D;

1. Response to a request for financial transaction information;

1. Application of Acts and subordinate statutes on deposit accounts;

1. Article 347(1) of the Criminal Act applicable to the relevant criminal facts and Article 347(1) of the choice of punishment;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment] The defendant does not have a basic area (6-100 million won or less) (6-1 year or 16 months) (the decision of sentencing] under Article 62(1) of the Criminal Act.