A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On November 6, 2014, the Defendant granted the victim D interest at the Defendant’s home located in Yasan City around November 6, 2014.

I would like to lend money to the same students and pay 5% interest to the lender with interest.

The principal shall be paid in advance only before Boak, if the principal is paid in advance.

“.....”

However, in fact, the Defendant did not have any intention or ability to repay the borrowed money to the victim because at the time the Defendant had a debt of 20 million won or more, and even if he borrowed money from the victim, he had the intention to use it for debt repayment, living expenses, etc.

Ultimately, the Defendant, by deceiving the victim as such, received the total amount of KRW 2.85 million from the victim, KRW 2.85 million on November 1, 2014, KRW 4750,000 on December 9, 2014, and KRW 1,4250,000 on December 18, 2014 from the victim to the post office account under the name of the Defendant, respectively, and received a total of KRW 1,425,00 on four occasions, respectively.

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 against D;

1. Application of Acts and subordinate statutes on a complaint, a copy of a loan certificate, a deposit confirmation certificate, and receipt;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice 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. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] General Fraud (from June to one year and six months) / [decision of sentence] Defendant reflects his/her wrongness, the amount of damage caused by the instant crime, circumstances leading to the instant crime, circumstances leading to the instant crime, and other circumstances that form the conditions for the instant sentencing, such as the Defendant’s age, sexual behavior, environment, etc., shall be determined within the scope of the recommended sentence.