A defendant shall be punished by imprisonment with prison labor for four months.

except that the execution of a sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Criminal facts

Even if the Defendant borrowed money from the victim B, the Defendant did not have the intent or ability to repay the money, and around September 5, 2014, leased KRW 9.3 million to the victim B at the construction site of the wooden City Building C around September 5, 2014. The Defendant would receive KRW 75 million from the Company around September 25, 2014.

In this regard, a false statement stating that he/she will add interest at that time to KRW 10,00,000,000, which received 9,300,000 as the borrowed money from the injured party and acquired it by fraud.

Summary of Evidence

1. Partial statement of the witness B;

1. The statement made by the police with respect to B (the statement that the Defendant lent money in trust with the belief that the Defendant would have received KRW 75 million from the contracting construction company on September 25, 2014).

1. Application of Acts and subordinate statutes to a report on investigation (D telephone call) (a civil petition filed by a defendant who does not pay personnel expenses to his/her father, and the contractor paid personnel expenses to his/her father directly without paying the expenses, such as personnel expenses, etc.)

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. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act in consideration of the fact that an agreement is reached in return for promising the payment of a part