A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On May 14, 2015, the Defendant: “Around May 14, 2015, the Defendant would lend KRW 40 million to the victim C with the payment of the amount of KRW 2-3 months thereafter.

“.......”

However, at the time, the defendant was liable for a loan amounting to approximately KRW 30 million in total to a financial institution, such as Dr., a loan company, approximately KRW 30 million in total, and KRW 30 million in total, and KRW 120 million in total, and KRW 100 million in the repayment of the lease deposit in relation to an apartment in the name of the defendant, while the defendant had already been liable for an apartment in the name of the defendant, the apartment bond 2 in the name of the defendant has already been in excess of the obligation, such as the establishment of a mortgage equivalent to the security value, etc., and the defendant was subscribed to the credit, but the defendant had no intention or ability to pay the loan even if he borrowed money from the injured party.

Nevertheless, the Defendant: (a) by deceiving the victim as above and receiving transfer of KRW 20 million from the victim, around May 14, 2015; and (b) by deceiving the victim to the same purport; (c) by deceiving the victim to the same effect, KRW 9.1 million around May 22, 2015; (d) KRW 10 million around August 28, 2015; and (e) KRW 30 million around December 15, 2015.

Accordingly, the Defendant, by deceiving the victim, received a total of KRW 69.1 million from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C and D;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Details of transactions in each passbook, each loan certificate, and each process certificate;

1. A certificate of all registered matters, details of proceedings of the case, certificate of balance of debts, and a charter agreement;

1. A balance sheet;

1. Each investigation report [In full view of the defendant's property and status of debt, details of repayment after the vehicle and its progress, etc. at the time of borrowing money from the injured party, it is recognized that the defendant is guilty of fraud.]

Application of Statutes

1. Article 347 of the Criminal Act applicable to the crime and the choice of punishment.