A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 3, 2011, the Defendant made a false statement to the victim D’s office in Yangju-si, “A business is in operation, and money is needed to be paid out of business funds. If the Defendant borrowed, he would have to repay with interest not to be paid.”

However, the Defendant did not have any income due to the absence of clear occupation, and there was approximately KRW 10 million of personal debt, and the Defendant intended to pay the personal debt from the victim with the intent to pay the personal debt. Therefore, even if the Defendant borrowed money from others, there was no intention or ability to pay the debt.

The Defendant received 13 million won from the victim to the Defendant’s bank account (E) in return for a loan from the victim, namely, at the victim’s seat.

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

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. Statement made to D by the police;

1. Complaint;

1. Copy of a transfer passbook; and

1. Photographs related to the transmission of letters;

1. Application of Acts and subordinate statutes on account transactions;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that 2.3 million won is repaid to the victim as interest, the amount of fraud, and the fact that the victim does not want punishment under an agreement with the victim);