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 becomes final and conclusive.

Punishment of the crime

Around March 29, 2013, the Defendant stated that “this amount is urgently needed. If the Defendant borrowed 200,000,000,000 won, it would be repaid without molding until June 29, 2013,” to E, an employee of the victim D, who is the Defendant’s employees.”

However, the defendant did not have any particular property, and even if he borrowed money from others due to the aggravation of the management and finance of the limited company, he did not have any intention or ability to complete payment.

Nevertheless, on April 23, 2013, the Defendant received respectively the above E’s 200,000 bill (which is equivalent to KRW 35,600,000 in Korean Won) holding the victim’s 200,000 (which is equivalent to KRW 36,20,000 in Korean Won) from the above E as the loan money, and on April 23, 2013, the above 40,000 bill (which is equivalent to KRW 71,80,00 in Korean Won).

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and D;

1. Each contract;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment] There is no basic area (6-100 million won or less) (6-100 million won) (6-106 months or more) (the decision of sentencing] of the basic area (6-100 million won) (the decision of sentencing), and the amount of damage in this case did not have been

In light of equity in punishment with other criminal offenders who committed similar crimes, such as returning home after sunset in China, etc. before the maturity date, it is inevitable to select imprisonment with prison labor for the defendant, in light of equity in punishment with other criminal offenders who committed such similar crimes.

However, since there are favorable circumstances such as the fact that the defendant paid approximately KRW 42 million to the defendant, the defendant has no record of criminal punishment in addition to one time before and after the death penalty, and the defendant has divided his mistake, it cannot be reflected in the suspended execution against the defendant.