A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On April 3, 2013, the Defendant lent KRW 30 million to C, including a prior interest of KRW 3 million, and used it for personal purposes, such as living expenses, within one month, even though the period of repayment has expired but the Defendant failed to pay the borrowed money, and was urged C to pay the borrowed money, which led C to having the victim D pay the debt with the said money.

On May 29, 2013, the Defendant made a false statement to the effect that “The Defendant would refund money to the victim on the following day if he/she borrowed money to B, because he/she would be able to prevent the bill from being paid off,” at the mutual infinite coffee shop located in Ansan-dong, Seosan-si, Seosan-si.”

However, in fact, the defendant did not lend money to C, but did not want to repay the debt, and he did not have any intention to repay the money borrowed because he did not have any certain occupation or property at the time.

The Defendant received 20 million won from the damaged party to the account in the name of E designated by the Defendant under the pretext of borrowing money.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of C and D;

1. Statement made by the prosecution against C;

1. Copy of the police statement made to C;

1. A detailed statement of each account transaction;

1. Determination as to the defendant of the credit report and his defense counsel's assertion

1. The Defendant explained the circumstances of C to the victim, and the victim took advantage of these circumstances, lent KRW 20 million to C.

The Defendant did not borrow money from the injured party, and did not deceiving the injured party.

2. The following facts are acknowledged according to the evidence examined above.

(1) A victim shall hear the statements from the defendant that he will pay the next day and use the money to repay his construction price in a deposit account (C-U.S.) designated by the defendant.