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 of the final judgment.

Punishment of the crime

On February 16, 2012, the Defendant told the victim C to have a telephone at a place where it is not known to him/her around February 16, 2012, that “If the Defendant loans KRW 10 million to the victim, it is necessary to pay KRW 10 million in the following month.”

However, even if the Defendant borrowed money from the victim, it was thought that he would be used to repay the debt to others rather than using it as business fund. At the time, the Defendant was liable for a total of KRW 85 million, including credit card price of KRW 30 million, while the Defendant did not have any specific property and did not have any intent or ability to repay money from the victim.

Nevertheless, the Defendant, as seen above, received a remittance of KRW 9 million from the victim on the same day, and received a total of KRW 16.5 million from that time to April 2, 2012, including the transfer of KRW 9 million from that date.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on deposit and withdrawal of accounts;

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 (see, e.g., Supreme Court Decision 201Du1164, Apr. 1

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;