A defendant shall be punished by imprisonment for six 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

On August 22, 2018, the Defendant made a false statement to the victim B, stating that “To receive advance payment from D Co., Ltd. which subcontracted the pents installation work to D, the Defendant would have to first pay part of the pents installation work, and if the construction cost is insufficient to lend KRW 25 million, the Defendant would have paid it after using it as the construction cost until the end of August.”

However, in fact, the Defendant did not have the ability to repay the said money by the due date of repayment, and there was no intention to pay the said money for the personal purpose.

Nevertheless, the Defendant, as above, by deceiving the victim, received KRW 25 million from the account in the name of Gyeongnam Bank in the name of Gyeongnam Bank operated by the Defendant on the same day as the loan money from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of B and E;

1. Application of Acts and subordinate statutes to each construction subcontract agreement, a detailed statement of account transactions, and a message closure;

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

1. The sentencing of Article 62(1) of the Criminal Act on the grounds of suspended sentence is based on the following factors: (a) details leading to the instant crime on the grounds of sentencing; (b) methods of deception, the amount of deception, the amount of deception and usage; (c) degree of repayment of damage; and (d) the age, environment, and circumstances after the