A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On September 3, 2015, the Defendant was sentenced to a suspended sentence of two years on September 11, 2015 in the Seosan Branch of the Daejeon District Court on September 3, 2015.

Around May 9, 2008, the Defendant promised to borrow KRW 200 million from the victim C and additionally borrow KRW 50 million within several months from June 21, 2008, and did not pay it, the Defendant paid only interest equivalent to KRW 1.7 million each month.

On May 24, 2011, the Defendant stated that “Around June 24, 2011, the Defendant would sell screen golf course in operation within one hundred million won to the victim” at the Defendant’s house located in Gwangju-si, that “Around June 24, 2011, the sum of KRW 250 million borrowed money before and after June 24, 201, would be paid KRW 350 million by full.”

However, in fact, since June 2009, the Defendant continued to accumulate the enemy of screen golf course operated at the time, and around August 2009, the Defendant was merely a monthly wage of KRW 200,000,000,000,000 for the monthly additional loan interest, and there was no intention or ability to repay the loan even if the Defendant borrowed KRW 100,000 from the victim.

Nevertheless, as above, the Defendant made a false statement to the victim, and acquired 100 million won in cash from the Mine Life Agricultural Co., Ltd. located in the same day from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (lists of relevant cases and reporting of major previous records and attachment);

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reasons for sentencing under Article 62(1) of the Criminal Act and concurrent crimes under Article 37 of the Criminal Act: the amount of damage resulting from the failure to apply the sentencing criteria.