A defendant shall be punished by imprisonment for one year.

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

1. On November 2016, the Defendant stated that “If the Defendant borrowed KRW 120 million with a mushroom farming business fund, 5 million shall be paid as a monthly interest, and repaid three months later, the Defendant shall be paid KRW 5 million.”

However, on October 2016, two sub-factorys operated by the defendant were insolvent, and the defendant bears a large number of obligations, and even if the defendant borrows money from the victim, there was no intention or ability to repay on the agreed date.

After all, the Defendant, as seen above, by deceiving the victim, received a sum of KRW 120 million from the victim as the loan money on November 24, 2016, and acquired it by fraud.

2. On January 28, 2017, the Defendant made a false call to the same victim as the preceding paragraph from a car page in which it is impossible to know the trade name in Jinju-si, and “If the business funds are leased in addition to KRW 50,000,000,000 prior to the loan, the Defendant would complete full payment up to February 28, 2017, including KRW 120,000,000,000,000.”

However, as the Defendant was bearing a number of obligations at the time, and did not operate a factory normally, even if he borrowed money from the victim, he did not have an intention or ability to pay the money on the agreed date.

Ultimately, the Defendant, as above, by deceiving the victim as above, received KRW 50 million from the victim to the E account designated by the Defendant as the borrowed money on January 13, 2017, and acquired it by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of relevant data (types of card, cashier's checks, etc.), copies of bankbooks, specifications of bankbooks, details of credit information, investigation reports (Evidence List Nos. 6);

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

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

1. The sentencing of Article 62(1) of the Criminal Act is suspended.