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 February 3, 2015, the Defendant paid to the victim E, a workplace partner at a factory located in the Geum-gu Busan Metropolitan Government, for the following reasons: (a) the Defendant used the money as business funds for the following month to pay the entire debt of 40 million won with the existing joint and several liability to the Plaintiff, who paid the money to the Plaintiff; (b) the Defendant used the money as business funds; and (c) if the domestic company starts its business, the Defendant will pay 100,000 won per month in addition to the interest on the loan.

The phrase “ makes a false statement.”

However, in fact, the Defendant did not have any particular property at the time, and there was about 3.5 million won for each month revenue, but there was a personal debt exceeding 200 million won, and thus, there was no situation where the other business should proceed, and even if he borrowed money from the injured party, there was no intention or ability to repay the money.

On February 3, 2015, the Defendant, by deceiving the victim and deceiving the victim, received KRW 10 million from the victim to his/her own bank account (F) as the borrowed money from the victim on or before February 3, 2015, and acquired KRW 70 million through four times until February 9, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on transaction lists by account;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommending punishment] mitigated (a person with a special sentencing penalty less than KRW 100 million) type 1 (a person with a special sentencing sentencing) (a person with a sentence sentence] [a person with a sentence] crime of this case is that the defendant acquired 70 million won from the damaged person as above, and the crime of this case is not easy.

However, it is against the defendant, that the victim is not punishable by the defendant, that there is no criminal record of the same kind and suspension of execution or more, and the age, health, sex, environment of the defendant.