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 became final and conclusive.

Punishment of the crime

1. Around 12:00 on April 25, 2007, the Defendant borrowed KRW 32,000,000 from 'C' restaurant located in Gumi-si B to pay KRW 300,000 per share interest and paid KRW 100,000 per share after one month. However, the Defendant was unaware of 10,000 from 10,000 to 300,000 won per month for the Defendant to pay the Defendant’s personal debt from 100,000 won after borrowing money from 30,000,000 won from 10,000,000 won per month for the Defendant to pay interest from 30,000,000 won per month without any specific property, and the Defendant was unaware of 10,000,000 won from 20,000 won from 20,000 won for 10,000,000 won per month for the Defendant.

However, at the time, the Defendant had to pay approximately KRW 350,000,000 in the absence of any specific property, and thus, there was no intention or ability to repay the interest even if he borrowed money from the victim from the beginning.

The Defendant, as such, by deceiving the victim, was issued a cashier’s check in the name of KRW 10 million from the victim, namely, in the name of borrowed money.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police of the defendant.