A defendant shall be punished by imprisonment for not less than eight 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 September 15, 2018, the Defendant stated that, at the Sa service office operated by the victim D in the Namyang-si, Namyang-si, the Defendant used the victim's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 'ss 's 's 's 's 's 's '

However, in fact, the defendant tried to use the money borrowed from the victim for personal debt repayment and living expenses, not for the money to be lent to others for interest, and the defendant did not have any intention or ability to pay the money within three months because he was unable to repay the amount of KRW 100 million in the absence of any special income at the time, and received demand from the creditors.

As such, the Defendant, by deceiving the victim, received from the victim, KRW 20 million as a loan on the 23th day of the same month from the victim, and received KRW 10 million as the same name on the 29th day of the same month, respectively. On November 9 of the same year, the Defendant received KRW 1 million from the account of community credit cooperatives in the name of the Defendant and acquired KRW 31 million in total from the victim under the same name.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written confirmation of performance and E contents;

1. Application of the Acts and subordinate statutes to investigation reports (Attachment to Korea Bank Transfer Results Inquiry);

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

1. Article 62 (1) of the Criminal Act ( considered as follows):

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

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. The scope of recommendations on the sentencing criteria: Imprisonment with prison labor for up to one year and six months (the scope of recommendations) and the basic area (up to six months and one year and six months) of the types of general fraud (up to one hundred million won).

3. Determination of sentence: Imprisonment with prison labor for eight months, suspension of execution two years, and community service hours; and