A defendant shall be punished by imprisonment for not less than eight months.

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

Criminal facts

1. On April 4, 2016, the Defendant: (a) called, “Around April 4, 2016, the Defendant made a phone call from the Republic of the Philippines U.S. to the victim B; and (b) “Around April 4, 2016, the Defendant would make a withdrawal of the money with a hospital corporate card operated by the hospital located in the face of a loan of KRW 20 million,000,000,000,000 including interest, within three days.”

However, the defendant had no fixed income at the time, and the hospital operated by the defendant had already been in the state of suspending the business, so there was no intention or ability to repay the borrowed money to the victim within three days.

The Defendant, on the 5th day of the same month, received money from the damaged party from the Defendant to the new bank account (number C): 20 million won from the Defendant with the name of the borrowed money.

2. On May 21, 2016, the Defendant, on May 21, 2016, called the victim F at the E member’s office located in D at permanent residence around May 21, 2016, by phone to the victim F.

The reason behind the loan of KRW 150,000,000 was that the company would sell the shares on the face and pay KRW 15,000,000,000, including interest KRW 500,000,000,000.

However, the defendant did not want to purchase a pension site at the time, and was thought to use money as the Internet gambling fund from the victim, and did not have any intent or ability to repay the money even if he borrowed money from the victim due to no fixed income.

The Defendant, on the 22th day of the same month, received money from the injured party from the new bank account (number C): 14.5 million won from the Defendant on the 22th day of the same month.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to B or F;

1. Application of Acts and subordinate statutes on certificates of confirmation (Concurrent use, such as certificates of admission, receipts, invoices, etc.) and certificates of confirmation;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning facts constituting a crime. Article 347 (Selection of Imprisonment);

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

1.Article 62(1) of the Criminal Code of the Suspension of Execution (hereinafter referred to as the following):