A defendant shall be punished by imprisonment for six 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 9, 2009, the Defendant made a false statement to the victim E in the D members restaurant located in the Chungcheongnam-gun Co., Ltd., Chungcheongbuk-gun, stating that “I would have to pay money urgently, will have to pay money to the victim E, and will have a borrowed instrument borrowed.”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.

As above, the Defendant deceptioned the victim and received 5 million won in cash from the victim as the borrowed money on the same day, and continued to receive 2 million won in cash around February 10, 2009 in the same manner, and received 2 million won in cash around March 25, 2009, and received 700,000 won in cash around April 24, 2009, and received 2.5 million won in cash from the Defendant’s account on April 29, 2009, and received 2.5 million won in cash around June 17, 2009, and received 2 million won in cash from the Defendant’s account on or around June 30, 2009, around September 14, 2009, and around September 214, 2009.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A certificate of borrowing and a statement of account transaction;

1. Application of Acts and subordinate statutes of adjudication of bankruptcy, and written adjudication of taxation by tax item;

1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act concerning facts constituting an offense; 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. Article 62 (1) of the Criminal Act on the Suspension of Execution (the defendant shall be sentenced to the same punishment as the order for the defendant, taking into account the circumstances favorable to the defendant, such as the fact that the defendant was living without any criminal punishment even though he/she was 72 years of age, the fact that the defendant reflects his/her criminal act, and other circumstances that form the conditions for sentencing specified in the records, such as the defendant's age, character and behavior, occupation, home environment, etc.

1. Social service order under Article 62-2 of the Criminal Act;