A defendant shall be punished by imprisonment for not less than eight months.

However, 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

On March 26, 2012, the Defendant made a false statement to the victim B, stating that “A business entity that operates within the country is difficult. A business entity that lends 20 million won to receive employee benefits, would have to receive money after five days.”

However, at the time, the Defendant was liable for approximately KRW 220,000,000, and was able to incur a big loss while investing in futures, and when the Defendant borrowed money from the victim, he was able to use the money as debt repayment and futures investment.

Accordingly, the defendant, by deceiving the victim, received 20 million won from the defendant's national bank account on the same day to the defendant's national bank account on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes concerning transaction details of national banks A;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act;

1. The defendant's reason for sentencing under Article 62-2 (1) of the Social Service Order Criminal Act refers to a false statement that is necessary in order to provide an employee with benefits, and then borrows KRW 20 million from the victim to use the existing debt repayment and KRW 14 million for futures investment, respectively. However, the amount of damage not recovered from the repayment of KRW 5 million out of KRW 20 million shall be determined as per the disposition in consideration of the fact that the amount of damage not recovered from the repayment of KRW 15 million is the cause, etc.