A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the enforcement 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

1. On December 7, 2011, the Defendant assumes the obligation of KRW 10 million at around that time. On November 2009, the Defendant, even if he/she borrowed money from the victim C, such as the balance of the account in the name of the Defendant, inasmuch as he/she borrowed money from the victim C, he/she did not have an intent or ability to repay the money within the given time limit, he/she received money by telephone from the victim, stating that “I would use it only two months if he/she borrowed KRW 10 million and would have borrowed KRW 10 million, and will pay it.” Accordingly, the Defendant acquired money from the victim by cashing KRW 9,200,000 from the Agricultural Cooperative account in the name of D around the 9th of the same month.

2. On or around December 20, 201, the Defendant: (a) on or after the day of December 20, 2009, the Defendant received the Defendant’s account balance from the Defendant’s name account and received KRW 9,200,000 from the victim to the said account on or after the deposit of KRW 24,00,00 from the said account on or after the same month; and (b) there was no intent or ability to repay money from the victim even if he/she borrowed money from the victim; and (c) thus, the Defendant did not have an intent or ability to repay it within the due date; and (d) by telephone, the Defendant received the victim’s money from the victim to the said account on or after the same month.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement protocol (C, E);

1. A copy of a loan certificate, a copy of a resident registration certificate, a certificate of seal imprint, a copy of transaction details, and a lawsuit for returning loans

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment of documents) and various documents attached thereto;

1. Relevant provisions of the Criminal Act and the choice of punishment for the crime. Article 347 (1) of the Criminal Act (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. The reason for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances among the reasons for sentencing) of the suspended sentence (the scope of recommendation) [the scope of recommendation] general frauds in Article 62(1) of the Criminal Act, and there is no basic area (from June to one year and six months) [the person who is specially subject to sentencing] [the amount of punishment obtained by defraudation of criminal facts], and the defendant.