A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On July 24, 2013, the Defendant, through G, has made a significant amount of cosmetic business to the victim H through G at the F Office of Young-gu E Co., Ltd., Young-gu, Seoul.

It was issued KRW 100,000 to the injured party on the ground that the victim would use only one month and offer KRW 500,000 as he/she borrowed KRW 100,000,00 in order to lower one store in Busan.

However, the defendant was operated at the time of fact

I (State) has reached a total amount of 2.8 billion won of accumulated liabilities, and has been operating the enemy, and it has already transferred to J a claim for return of 200 million won of the rental deposit at Seoul Burial on November 2012, and around June 25, 2013, there was no intention or ability to repay the above borrowed money within one month as collateral to the above J.

Accordingly, the defendant deceivings the victim, and 100 million won was received from the victim.

Summary of Evidence

1. The defendant's partial statement (the purport that there is no intention to commit fraud if he/she takes the victim of H as he/she becomes aware of the KRW 100 million in the amount of G);

1. Application of the relevant Acts and subordinate statutes to witnesses G and H testimony;

1. Provisions of Article 347 (1) of the Criminal Act, and selection of punishment by imprisonment;

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

1. The reasons for sentencing of Article 62-2 of the Criminal Act on the observation of protection and observation are as follows: (a) the basic area of general fraud 2 type (at least 100 million won a year to 4 years) based on the sentencing guidelines (at least 100 million won) (in consideration of the existing interest and reimbursement, an additional 70 million won shall be paid on September 5, 2017, and 40 million won shall be paid on the date of agreement, and the balance 30 million won shall be paid as joint and several surety by the end of each year).