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 July 14, 2014, the Defendant: (a) at the “E” store operated by the victim D in Bosa-si, Bosa-si; (b) at the time of construction, even if the Defendant received a loan from a financial institution as collateral, the Defendant paid the deposited construction cost and personal debt, etc.; and (c) even if the Defendant himself/herself received the personal debt amounting to KRW 20 million from the damaged party on credit, he/she did not have any intent or ability to repay the loan even though he/she did not have any intent or ability to repay the loan; (d) the Defendant stated that “I will lend money due to the current collection of money and supply materials on credit, and pay the borrowed money and credit amount from the bank after completion of the collection.”

The Defendant was supplied with construction materials equivalent to KRW 22 million in total at the market price from the injured party at the above place from July 14, 2014 to October 10, 2014, and was transferred from the injured party on credit on July 30, 2014 to the account in the name of the Defendant as a loan deposit, from the damaged party on July 30, 2014.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes, such as specifications of transactions, inquiries into details of transactions, investigation reports (Evidence List No. 13), and inquiries into credit information;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In full view of the following circumstances of sentencing under Article 62-2 of the Social Service Order Criminal Act and the Defendant’s age, sex, environment, and the circumstances before and after the instant crime, the punishment as ordered shall be determined by comprehensively taking into account all the conditions of sentencing indicated in the records.

It is not agreed with the victim that the crime of this case is committed, that there is no record of being punished more than a suspended sentence, and that the victim has repaid KRW 7.5 million to the victim.