A defendant shall be punished by imprisonment for six 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

On April 24, 2013, the Defendant would lend money from a lender E to the victim, who is his/her creditor, at a “D” restaurant located in Ansan-si, Dong-si, Seoul, to the lender E (hereinafter “D”), only for two months.

The loan funds and interest shall be repaid in full terms.

“A false statement” was made.

However, in fact, the defendant did not have any particular property or income, and at the time the business entity operated by the defendant was faced with the accumulated debt of several billion won, and even if the victim was jointly and severally guaranteed the defendant's loan, he did not have any intent or ability to repay the loan and interest properly.

Nevertheless, on April 24, 2013, the Defendant: (a) deceiving the victim; (b) caused the victim to engage in such deception; (c) KRW 5 million from the loan of the future Craf loan of the company; (d) KRW 7 million from the loan of the company Lhof Co., Ltd.; (e) KRW 7 million from the loan of the company Craf; (d) KRW 7 million from the loan of the company Lhof; and (e) KRW 7 million from the loan of the company Lone Star Eraf; and (e) April 25, 2013, the Defendant acquired the same amount of financial benefits by having the victim provide joint and several surety when he/she receives a loan of KRW 29 million from Eraf Faf F& loan in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the suspect against the accused (including E substitute interrogation);

1. Statement made by the prosecution against E;

1. A detailed statement of deposit transactions, a statement of deposit and withdrawal, a loan certificate, a written statement of loan companies, a joint and several guarantee contract for loan, a certificate of subrogated repayment, a certificate of subrogated repayment, or a written confirmation of full payment;

1. Application of Acts and subordinate statutes to investigation reports (including attachment, etc. of a copy of judgment of accusation by an complainant);

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, 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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The sentencing criteria [the scope of the recommended punishment] each type of general fraud (the amount less than 100 million won).