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

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 March 12, 2016, the Defendant concluded that, “The Defendant borrowed only KRW 16.5 million, if he/she lends KRW 16.5 million to another place, he/she would use and repay only two months.”

However, at the time of fact, the defendant was not able to pay the rent of the above C, and there was no intention or ability to pay the rent of KRW 180,000,000,000, such as overdue monthly taxes, taxes, and bonds, even if he borrowed money from the victim.

Ultimately, the Defendant, as described in the separate crime list, by deceiving the victim and receiving KRW 16,50,000 from the victim to the Agricultural Cooperative account in the name of the victim on the same day, acquired the total of KRW 46,670,960 through 21 times from March 12, 2016 to August 30, 2017.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. A partnership agreement and a cash storage certificate;

1. Details of each agricultural bank account, details of one bank account, and copies of one bank account;

1. Investigation Report (Evidence List Nos. 12) [The grounds for the crime of oil: even if some of the amounts listed in the separate sheet of crime are the money that the defendant was raised to the defendant under the business partnership agreement dated August 7, 2016, as alleged by the defendant, as alleged by the defendant, it is not different that the business partnership agreement of this case was concluded as a means for the victim to receive a loan from the defendant, and that the contract of this case was concluded as a means for the victim to receive a loan from the defendant, and thus, the defendant agreed to distribute a certain amount of profit along with the principal guarantee to the victim, and thus, it is not different that the said money falls under “the borrowed money” as described in the facts charged.

Therefore, as long as the defendant did not have the intention or ability to repay it at the time, there is no obstacle to finding the defendant guilty of the facts charged.