A defendant shall be punished by imprisonment for not more than ten months.

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

(e).

Punishment of the crime

From the beginning of November 2014 to the end of January 2018, the Defendant was a person who operated a non-registered reporting room with the trade name “D” in the Busan Dongdong-gu C, Busan, and the victim B was a person who operated the “Fnoogle E” in Busan Geum-gu from November 10, 2014 to the end of November 10, 2014, and the Defendant became aware of each other while introducing the victim’s singing.

Around March 25, 2016, the Defendant provided that “Fnoman bank” to the victim, “I shall pay 500,000,000 won to the President, and shall pay 5,000,000 won to him/her,” and received 4,755,00 won from the victim who believed that he/she is true to do so from the victim to the new cooperation account (Account Number G) in the name of the Defendant on the same day. From that time, the Defendant received 17,000 won in total from August 31, 2017, as shown in the attached List of Crimes.

However, in fact, the Defendant had no intention or ability to repay the borrowed money even if he borrowed money from the victim, because the Defendant was unable to pay the borrowed money at a high interest rate due to the Defendant’s failure to pay the borrowed money properly.

Accordingly, the defendant deceivings the victim as above, and obtained 1750,000 won from the victim as the borrowed money, and acquired it by fraud.

Summary of Evidence

1. Court statement of the defendant (which is made on the fifth trial date);

1. Application of the Acts and subordinate statutes on witness B’s statutory statement;

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

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

1. The reason for sentencing under Articles 32(1)3 and 25(3)4 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation, the fact that the defendant mistakenly recognizes and reflects his fault, the victim does not want the punishment of the defendant by mutual consent with the victim, and the defendant has the same power and shall be fined after 198.