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

1. On July 2013, the Defendant, at the office of the victim C located in Seocheon-si, Seocheon-si, stated that “Around July 2013, the Defendant borrowed KRW 10 million to the victim, would give interest KRW 1 million per month, and would make the principal immediately if the principal is changed.”

However, at the time, the Defendant did not have any particular property other than KRW 17 million monthly income, and the Defendant was obligated to repay the debt equivalent to KRW 3 million incurred to receive the trust money in the past, and there was only a plan to repay the money to the victim with the money borrowed from another person. Therefore, even if the Defendant borrowed the money from the victim, there was no intention or ability to repay the principal and interest within the agreed period.

After all, the defendant received 10 million won in cash from the injured party on the same day, deceiving the injured party and received property.

2. On October 15, 2013, the Defendant: (a) did not have an intent or ability to repay the principal and interest within the time limit which was promised even if he/she borrowed money from the victim as above; (b) concluded that the said victim C “a loan of KRW 40 million per month, the interest would be paid KRW 4 million per month; and (c) if the principal would be changed, the principal would be immediately paid; and (d) received money from the victim via the Defendant’s Agricultural Account (Account Number D) in the name of the Defendant by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. A process deed;

1. Application of Acts and subordinate statutes to account details and account transaction statement;

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

1. former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed in fraud around October 15, 2013, with heavy circumstances);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The following circumstances are the reasons for sentencing under Article 62-2 of the Criminal Act of the community service order.