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

1. On April 3, 2008, the Defendant made an investment in the Party C’s gas station business when selling in lots to the victim C in a non-fluent place.

A false statement was made as "A request for borrowing KRW 30 million."

However, at the time of fact, the apartment complex is in the state of suspension of construction due to the lack of funds of the defendant, and the defendant borrowed 30 million won from the injured party, but the construction has been properly conducted and paid profits, and there has been no intention or ability to make an investment in the victim's oil station business or to repay borrowed money.

As such, the Defendant, by deceiving the victim, received 30 million won from the Agricultural Cooperative Account (D) under the name of the Defendant for the purpose of borrowing money from the damaged party.

2. On January 2013, 2013, the Defendant: (a) borrowed a loan to the victim for the completion of an apartment complex on the road in the face of the door; and (b) borrowed a 10 million won loan to obtain a loan, the Defendant would pay KRW 50 million within one week including the existing loan amount of KRW 30 million.

“The phrase was false.”

However, at the time of fact, the defendant had a debt 2.5 billion won, and even if he borrowed money from the injured party due to the bad credit standing due to tax delinquency, he did not have an intention or ability to repay it as agreed.

As such, the Defendant, by deceiving the victim as such, received KRW 10 million from the victim as the borrowed money and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the accused and C in the protocol of interrogation of the suspect against the accused by the prosecution;

1. Application of the police statement protocol law to C

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] general fraud.