A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On April 2016, the Defendant was unable to pay benefits to the victim E to the victim E from the third floor of the Seongbuk-gu Seoul Metropolitan Government Building D's building in Seongbuk-gu.

It was false to lend KRW 30,000,000 to the D Medical Care Center account in one month.

However, in fact, the above D medical care center operated by the Defendant did not have any intent or ability to repay money even if the Defendant borrowed money from the injured party because the Defendant borrowed money from employees, retirement allowances, and management expenses to pay the money in excess of two billion won.

Nevertheless, on April 19, 2016, the Defendant was issued KRW 30 million as the borrowed money to the Saemaul Depository account (F) in the name of the Dental Care Center around April 19, 2016 from the victim.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Investigation report (person G telephone conversations with him);

1. Application of the Acts and subordinate statutes on lending and borrowing of money to the head of a Tong;

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

1. The amount of fraud by fraud of the reason for sentencing under Article 62(1) of the Criminal Act is not much specified in the suspended sentence.

However, the defendant used all the borrowed money as a benefit, and recognized all his mistake.

Some of the money was paid.

There is no record of the same crime.

In addition, the punishment shall be determined by comprehensively taking into account the following factors, such as the defendant's age, occupation, sex, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime.