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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.
Reasons
Punishment of the crime
On June 2013, the Defendant made a false statement to the victim C, stating, “I will pay interest of 2% per month if I loan 15 million won as business funds in order to transfer the fried and low price to the victim C by telephone, and I will repay the principal every year.”
However, in fact, from February 2013, the Defendant operated a warning point with the name of "E" in Busan Fung-gu, Busan, but started business by lending money from financial institutions and lending companies. From June 2013 to June 2013, the Defendant continued to run a business with a debt of KRW 158 million, including a debt of KRW 158 million from F, and a debt of KRW 20 million from F, paid KRW 178 million. The amount was limited to KRW 10 million. The amount borrowed from the victim was used to repay the debt to G to the creditor, and the amount borrowed from G was also operated by the so-called "defluencing" method, such as borrowing the debt of the bank account in order to repay the debt of the bank account, and even if it was unable to pay the monthly rent of the employees operating the loan account, the Defendant was unable to pay the loan due to an increase in the amount of the loan due to the failure to pay the loan to the victim within the agreed due date.
The Defendant, as such, by deceiving the victim, received KRW 15 million from the victim as the borrowed money on June 26, 2013.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Copy of deposit receipt;
1. Application of Acts and subordinate statutes to investigation reports (Attachment to Defendant’s credit reports);
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 (less than KRW 100,000) and mitigation area (one month to one year) [the special person] is not subject to punishment.