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 becomes final and conclusive.

Punishment of the crime

On August 13, 2010, the Defendant made a false statement to the victim C, stating that “If the Plaintiff borrowed KRW 300,000,000 as the amount to be paid to the instructor of a private teaching institute is insufficient, the Defendant would receive monthly membership fees from the private teaching institute at the end of the month.”

However, in fact, from February 2010 to December 2010, the Defendant operated a school with the trade name of “E” on the second floor of the building DD in Geumcheon-gu, Seoul Special Metropolitan City, but the students failed to be exempted from the operation of the school with low income, and only KRW 10 million out of the rent deposit of the above building 20 million was paid, and the remainder of KRW 10 million was not paid, and there was no real estate in the name of the Defendant, and since there was a debt worth KRW 58 million including the financial institution’s loan, even if the Defendant borrowed money from the victim, it did not have any intent or ability to complete the payment, and even if it was operated with the changed name of “F” around October 2010, it was still difficult to operate the school due to financial difficulties.

Nevertheless, the Defendant deceivings the victim as such, and acquired 30,000 won from the Saemaul Treasury account in the name of the Defendant for the purpose of borrowing money from the victim, and acquired 2,824,00 won in total from October 10, 201 to October 10, 201.

Summary of Evidence

1. Defendant's legal statement;

1. Part concerning C’s statement concerning the suspect interrogation protocol of the second prosecution against the defendant

1. Statement of the police statement regarding C;

1. An investigation report (af franchise store contract termination document shall be attached);

1. Details of account transfer, details of passbook transactions, and application of the statutes governing appeal forms;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

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

1. Suspension of execution under Article 62(1) of the Criminal Act (The following factors are considered in favor of the accused).