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 becomes final and conclusive.

Punishment of the crime

The Defendant on October 18, 2011, Gangnam-gu Seoul Metropolitan Government, Gangnam-gu.

D. In the “E” operated by the victim C on the first floor, the fact is that the victim C is expected to pay KRW 25 million out of the borrowed money without certain occupation or special property, so even if the victim borrowed money from the victim, the victim did not have an intent or ability to pay it, the victim would pay it up to December 24, 201.

Accordingly, the Defendant, by deceiving the victim as above, acquired the property of KRW 35 million.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Application of Acts and subordinate statutes to the petition or record of complaint;

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

1. Article 62 (1) of the Criminal Act (including the first offender, the scale of damage, etc.);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Determination on the issues of Articles 25(1), 31(1), 31(2), and 31(3) of the Act on Special Cases concerning the Promotion, etc. of Orders for Compensation and Sentence of Provisional Execution

1. The defendant alleged that he had no intention to acquire money by deceit since he borrowed money from the victim as security with the victim C's claim against the same living F.

2. The following circumstances found by each evidence of the judgment, namely, ① the victim, at the time of borrowing money from the investigative agency to the court, stated that he/she was not aware of the condition that he/she secured his/her claim against the F at the time of borrowing money from the investigative agency to the court, and provided that he/she lent money without any special condition, ② there is no mentioning the Defendant’s claim against F in terms of the borrowed loan certificate and the agreement prepared by the Defendant upon receiving the victim’s demand for repayment; ③ Meanwhile, the Defendant did not have the ability to pay the money to the victim at the time of borrowing except for the credit to be received from F.