A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On February 2, 2010, the defendant extended money to the victim E at the D D D located in Chungcheongnam-si, Chungcheongnam-si, to provide the victim E with the third secretary and the third secretary and the passenger car operated by the security. Therefore, the defendant will be repaid within one year from the loan of money to the business fund.

“A false statement” was made.

However, in fact, the defendant was liable to pay more than KRW 100 million at the time, and the defendant was willing to repay other debts by lending money, and even if he borrowed money from the damaged party, he did not have any intention or ability to pay the money.

Around March 2, 2010, the Defendant received KRW 15 million from the damaged person to the Agricultural Cooperative (F) account in the name of the Defendant, and received KRW 3,2750,000 from the damaged person on two occasions, such as remittance of KRW 3,2750,000 on the 15th day of the same month.

Accordingly, the defendant was given property by deceiving the victim.

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 to a copy of a cash loan certificate, a copy of a cash storage certificate, details of transactions of deposit and withdrawal, a copy of a real estate lease contract, a copy of a sales contract,

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by law: Imprisonment with prison labor for not more than ten years;

2. Application of the sentencing criteria;

(a) Determinations of types: Fraudulent crimes, general fraud, and one type (less than KRW 100 million);

B. There is no special sentencing factor:

(c) Scope of recommendations: Basic area, six months to one year and six months; and

3. Determination of sentence: Imprisonment with prison labor for six months and two years of suspended sentence (the scale and method of the crime, the fact that the damage in this case was deposited, the agreement is not reached, and the same criminal records are considered);