A defendant shall be punished by imprisonment for four months.

except that 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 did not have any other income than the income from a person who lives with an entertainment drinking club helper, and there was no intention or ability to repay even if he borrowed money from others due to the prepaid money received from the main place where the defendant works.

Nevertheless, at around 14:20 on April 18, 2007, the Defendant made a false statement to the effect that “The Defendant shall repay the victim E with interest of KRW 100,000 per annum on a day from lending KRW 20 million to the victim E, with KRW 50,000 per annum until July 2007.”

The Defendant received 20 million won in money from the victim on his/her job as the borrowed money.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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

1. As the amount of fraud by fraud of the reason for sentencing under Article 62(1) of the Criminal Act is not so significant and the damage is not entirely caused, the sentence of imprisonment shall be chosen due to the gross negligence.

However, in consideration of the fact that the defendant is currently under hospital treatment and is expected to repay after discharge, the two times of suspension of indictment, and the fact that there is no criminal conviction in addition to the two times of suspension of indictment, the punishment as ordered shall be determined.