A defendant shall be punished by imprisonment for six months.

except that 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

The defendant is a person who operates cosmetic B, a cosmetic agent.

Around August 2011, the Defendant: (a) at the foregoing B office located in Seoul Special Metropolitan City, Nowon-gu; (b) at the time of transaction with the principal trader, the fact was in a situation to the extent that it was impossible for the Defendant to properly operate the office on the wind that the transaction with the principal trader was cut down at least 50%; (c) even if having borrowed money from others, it was unable to properly repay it; and (d) the victim D who was aware of the fact that he borrowed money from others, would have borrowed KRW 40,000,000 from the victim D, who was aware of the fact, to obtain a loan as security within one month when the principal is recovered in the future; and (d) thereby, the Defendant acquired the money from the said victim on September 2, 2011 to the national bank account in the name of the Defendant under his name.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint;

1. Details of passbook transactions and certificate of borrowing;

1. Application of the police statement law to D;

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

1. 집행유예 형법 제62조 제1항(아래 ‘양형 이유’ 참조) 양형 이유 [형종, 유형 및 구분] <사기> 일반사기, 1억원 미만 [권고 영역] 기본(6월 ~ 1년6월) [집행유예] 긍정적 : 참작사유▷처벌불원