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 of the final judgment.

Punishment of the crime

[criminal power] On May 28, 2013, the Defendant was tried to be held in Incheon District Court for a non-detained crime and appealed on July 9, 2014 by having been sentenced to six months of imprisonment with prison labor for an illegal source, and the same year.

9.3. The above court was sentenced to three months after the reversal of the court below, but the appeal is still pending in the Supreme Court.

(2014Do12359) [Criminal Facts]

1. On November 30, 2012, the Defendant, at the agricultural branch located in Seo-gu, Seo-gu, Incheon on November 30, 2012, concluded that “If the Defendant lends KRW 28 million to the victim C, he/she will return it to the victim more than 2 million.”

In fact, at the time, the defendant was thought to repay his/her debt by lending money from the victim, and even if other debts were to be borrowed from the victim, he/she did not have the intention or ability to pay the debt in addition to two million won on the day.

The Defendant received 28 million won from the victim to the account in the name of D on the same day.

2. On January 19, 2013, the Defendant: (a) around December 2, 2012, the Defendant: (b) prepared a defective loan certificate that the victim borrowed money to the Defendant as set forth in paragraph (1) from the F Party branch located in Nam-gu Incheon Metropolitan City, Nam-gu; (c) provided the above party branch which the Defendant is operating under delegation from D; (d) around January 2013, the Defendant provided the victim with the above party branch office as security; and (e) made a false statement that the deposit for the lease of the party branch was KRW 7 million in the name of the deposit for down payment or premium for the said party branch office, etc. (e.g., KRW 40 million).

However, in fact, the Defendant borrowed 50 million won as security for the lease deposit of the party funeral, and was not paid to the lessor about 5 million won, such as monthly rent. Therefore, even if the victim purchased the party funeral, it was difficult for the Defendant to conduct normal business.

On January 19, 2013, the Defendant received seven million won from the victim to the account in the name of D.

Accordingly, the defendant acquired a total of 35 million won from the victim.

Summary of Evidence

1. The defendant;