A defendant shall be punished by imprisonment with prison labor for not more than ten 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

From April 1, 201 to September 2, 2013, the Defendant: (a) leased and operated the “The Vice Minister of Gwanak-gu D” located in Yeongdeungpo-gu (E) KRW 20 million, premium 20 million, and premium 20 million; (b) the Defendant did not properly pay the employee’s benefits; (c) was paid in the number of days of lending KRW 10 million with bonds; (d) there was no property owned by the Defendant; and (e) the Defendant borrowed money from the Victim F (n, 45 years of age) or lent credit cards in the name of the victim, but the Defendant did not have the intent or ability to pay the amount properly.

Around August 30, 2012, the Defendant: (a) made a false statement to the effect that “The Deputy Commissioner is difficult to operate the Deputy Commissioner; (b) it will use and repay only 300,000 won to the victim; and (c) obtained money from the victim and acquired it by deception.”

In addition, the Defendant received a total of KRW 102,145,175 as stated in the separate sheet of crime from that time until October 30, 2013, and acquired it as borrowed money, or did not use a credit card in the name of the victim and did not pay the money, thereby acquiring property profits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Legal testimony of the witness F, the police statement of the F;

1. Application of Acts and subordinate statutes to a criminal investigation report (Submission of Details of account transactions with a complainant), investigation report (report accompanied by a certificate of a loan of KRW 15 million and submission of a complainant);

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] In the case where a person intentionally commits a deceitful act in the mitigated area of reduction (10 million to 50 million won) (10 million to 20 million won) of types 2 (in the case of special mitigation) (10 to 206 months), or in the case where the degree of deception is weak (the decision of sentencing).