A defendant shall be punished by imprisonment for not more than ten months.

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

Criminal facts

[2014 Highest 7840] The defendant at the office of the victim D of the victim of the first floor in Dongdaemun-gu Seoul on October 25, 2003, and the fact is that the defendant has to pay at least KRW 500,000 per month interest on the personal debt of KRW 100,000,000 per month, and even if he/she borrowed money from the victim, he/she did not have any intent or ability to pay the money, it is insufficient to purchase the clothing supply. If the defendant borrowed KRW 20,000,000,000, it is used to purchase the clothing supply, and the interest shall be paid every three copies, and the principal shall be paid every month until October 31, 2005." The defendant received KRW 20,000 from the victim as a loan for the purchase of the clothing.

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

[2014Kadan8141] around April 2004, the Defendant stated that “F” under the trade name of “F” operated by the Defendant located in Jung-gu Seoul Metropolitan Government E, the Defendant would be able to use the money to repay the original amount and the interest on bonds. If the Defendant borrowed KRW 20 million, the Defendant would pay KRW 1 million interest every month and pay the money in full.”

However, in fact, the Defendant already paid 500 million won or more interest per month on personal debt of 100 million won or more, and even if he borrowed money from another person, he did not have the intent or ability to repay it properly, and the above clothes are also in the name of another person, and thus, it was impossible to transfer the borrowed money to another person at the time of default.

The Defendant, as such, by deceiving the victim, received KRW 20 million from the victim as a loan, around that time, and acquired a total of KRW 40 million from the victim on two occasions from April 2004 to December 2004, as shown in the list of crimes in the attached Table, as well as from April 2004.

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

1. Partial statement of witness G;

1. The prosecutor's protocol of interrogation of part of the defendant (including G's statement) 1.