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.

Punishment of the crime

Around June 2013, the Defendant made a false statement to the effect that “If he/she lends money to a third party because he/she has gained a large amount of money through credit business, he/she will lend the money to the injured party C with the interest of 7% or 8% per month and repay the principal after the third month.”

However, the Defendant had no particular property at the time while the Defendant had a debt of 22 million won or more. Since most of the funds necessary for credit business was borrowed from a person, etc., the Defendant did not have the intent or ability to pay the funds within 3 months, or to pay the funds to the victim interest at least 7% per month. It was thought that the Defendant used the funds borrowed from the victim to pay the existing debt or living expenses, not to credit business.

On July 12, 2013, the Defendant received KRW 5,00,00 from the victim as the loan money, and received KRW 5,00,000 from the victim to the agricultural bank account under the name of the Defendant, and received 57,00,000 from all 10 times as shown in the attached list of crimes.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's protocol of examination of the accused;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes of the accusation, loan certificate, and specification of transactions;

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

1. Reasons for sentencing of Article 62 (1) of the Criminal Act [Scope of Recommendation] General Fraud (less than KRW 100 million) (Article 62 (1) of the Criminal Act) where mitigation area (Article 1-1-1 year) (Article 62 (1) of the Punishment Act) (Article 62 (1) of the Punishment Act or considerable damage is recovered [decision of sentence] 6 months of imprisonment, suspension of execution 2 years of suspended execution (Article 6-2 (2) of the Punishment Act (Article 62 (1) of the Punishment Act, including the fact that the defendant acknowledges and reflects the crime of this case, and that