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 August 10, 2012, the Defendant was sentenced to a suspended sentence of 8 months of imprisonment for fraud at the Changwon District Court on August 10, 2012, and the judgment became final and conclusive on August 18, 2012.

Around October 14, 2010, the Defendant provided the victim with a demand for payment of interest on KRW 700 million that he/she leased from the victim D at the (ju) factory located in the (ju) Kim Yong-si, Kim Jong-si, that “the production of the product with the permission for the Habrow (HACCP and Hazard Analysis and Critical Control Points) was no problem and the market was developed. If the product was leased only 50 million won, all of the products can be supplied only from November 201, 201, and at least KRW 20 million may be repaid every month from January 201 with the price for the product.”

However, it is not possible for C to repay money even if it borrowed money from the victim because it is not possible for C to properly pay for the employee's monthly salary because the amount of the debt due to business deterioration reaches 3.1 billion won, while it is paid to the other person to repay the debt that he/she has continuously lent to him/her, the average of 100 million won or more.

On October 14, 2014, the Defendant acquired money from the victim by transfer of KRW 50 million on October 14, 201.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Details of account transactions;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of written judgments);

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] and the reason for sentencing under Article 62-2 of the Social Service Order Act [the scope of recommending punishment] there is no basic area (6-100 million won or less) (6-1 year or 6 months) (the decision of sentencing] [the decision of sentencing] and no recovery from damage. However, the victim also lent money before understanding the financial situation of the defendant.