A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

On November 22, 2012, the Defendant made a false statement to the victim D(C) that “C is operating a company as a partnership business at the office of the company located in Yongsan-gu, Yongsan-gu, Yongsan-gu, Yongsan-gu, Yongsan-gu.” The Defendant borrowed KRW 20 million from the lender to purchase the warehouse with the need to be added to the warehouse. The Defendant borrowed KRW 20 million from the lender to the principal and KRW 150,000 per month for 20 months.”

However, the defendant was merely an employee of the above company and was not in a partnership relationship, and there was no error in writing in the purchase cost of warehouse between E and E, the president of the company. Accordingly, even if he borrowed money from the victim, he did not have the intent or ability to use it for the purchase of company warehouse or to repay it in accordance with the agreement.

On the same day, the Defendant, by deceiving the victim as above, acquired 20 million won from the victim to the Saemaul Treasury account in the name of the defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Notarial deeds;

1. Cash investment contract;

1. Details of the remittance of banks;

1. Application of Acts and subordinate statutes to a report on investigation (for the C representative director and currency),

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] General Fraud [the Decision of Sentence 100 million won]: Six months of imprisonment, two years of suspended sentence and two years of suspended sentence, the defendant reflects against the victim, and the victim paid 3.75 million won over five times as interest, and the victim paid additional 2 million won as interest. There are no previous previous criminal records, and there are no records of past criminal acts beyond fines, and all other conditions of sentencing including fraudulent methods, background, amount of damage, defendant's age, character and conduct, environment, and circumstances after the crime were considered.