A defendant shall be punished by imprisonment for six months.

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

(b) the defendant;

Punishment of the crime

On January 6, 2014, the Defendant told the victim D, who was aware of the Defendant’s home of Sacheon-si 301, to the effect that “I will pay money later than a week because I would have borrowed KRW 20 million.”

However, in fact, the Defendant had been liable for the amount of KRW 900 million incurred in the construction business prior to the time, while there was no intention or ability to repay even if he borrowed money from the damaged party due to no particular property or income.

Nevertheless, the defendant received 20 million won from the damaged person to the account in the name of the defendant's wife on the same day, and acquired it by remittance.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A protocol concerning the examination of the accused by the prosecution (including D parts of the statement);

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to file a complaint and accompanying documents;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, the observation of protection and community service order, and the reason for sentencing - The confession of crime, reflectivity, and no punishment;