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 becomes final and conclusive.

Punishment of the crime

In March 2013, 2013, the Defendant received a start-up loan from the “D E” located in the Seocho-si Kimpo-si, Kimpo-si, Seoul, to the victim E for a business start-up loan of KRW 70 million to the victim E, and repay it temporarily.

Even if the loan of start-up fund is delayed, the full repayment will be made until October 30, 2013.

“The phrase “ was false.”

However, in fact, the Defendant did not have to obtain a loan of start-up funds, and was in bad credit standing from around 2009 to F on March 20, 2009, and even if the Defendant borrowed money from the injured party, such as only non-performing loans that had not been received for a long time, the Defendant did not have any intent or ability to repay the loan from October 30, 2013, which is the due date for payment agreed with the injured party.

Nevertheless, the Defendant: (a) by deceiving the victim on March 8, 2013; (b) received KRW 5 million from the injured party on March 8, 2013; (c) KRW 19 million in cash on the same day; (d) KRW 10 million on March 12, 2013; (c) KRW 10 million on March 13, 2013; (d) KRW 10 million on the foregoing account on March 14, 2013; (e) KRW 10 million on March 14, 2013; and (e) received KRW 10 million on March 15, 2013 from the said account on March 15, 2013; and (e) received KRW 6 million on March 15, 2013; or received KRW 70 million on the aggregate from the said account on March 15, 2013.

Summary of Evidence

1. Part of the statement of the defendant in the suspect interrogation protocol against the defendant (the defendant did not know about the loan of start-up funds at the time when he borrowed money from the damaged person, and the defendant received a loan under the name of his wife due to bad credit standing but did not obtain the loan, and the defendant did not have any specific property other than bad credit standing which he could not recover);

1. Statement made by the police for E;

1. A certificate of borrowing, the details of deposit and withdrawal, and the details of account transaction in G name;

1. Application of statutes on the details of inquiries into A or G credit information;

1. Article 347 of the Criminal Act applicable to the crime and the choice of punishment.