A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Criminal facts

1. Fraud;

A. On July 5, 2010, the Defendant, at the victim D’s house located in Seocheon-si C, concluded that “the Defendant would start to sell the scrap metal. I want to buy the scrap metal. I want to sell the scrap metal and pay the money immediately if I borrowed money.”

However, the Defendant, at the time, was liable for the debt amounting to KRW 20 million with respect to E, etc., and there was no particular income or property. Therefore, even if the Defendant borrowed money from the victim, there was no intent or ability to repay it.

The defendant received cash of KRW 10 million from the victim in the same place as the loan money, and acquired it by fraud.

B. Around 20:00 on August 24, 2010, the Defendant made a false statement to the victim’s house of the victim as stated in the above Paragraph (1) stating that “I wish to buy scrap metal, and if I borrowed money, I will sell the scrap metal and pay the money immediately.”

However, at the time, the Defendant was liable for the amount of KRW 20 million with respect to E, etc., and the Defendant did not have any specific income or property because it did not properly conduct the business on the water. Therefore, even if the Defendant borrowed money from the victim, the Defendant did not have any intent or ability to repay the money.

The defendant received cash 20 million won from the victim in the same place as the borrowed money, and acquired it by fraud.

C. At around 20:00 on April 1, 201, the Defendant concluded that “Around 20:00, the victim’s house as stated in the above Paragraph 1, the Defendant borrowed KRW 1,000,000,000 to the victim’s house as “I shall pay the victim immediately.”

However, the defendant thought that he would use the money borrowed from the victim for gambling, and even if he borrowed money from the victim, he did not have the intention or ability to pay it.

The Defendant was permitted to withdraw KRW 1 million from the Agricultural Cooperative Account in the name of the victim and use the said passbook in the name of the victim, and was opened the said passbook. On the following day, the Defendant was 1 million at the branch office of the Hanwon Islands in the 100:40 Gohap-gun, Gowon-gun.