A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On April 25, 2012, the Defendant made a false statement to the victim B, who had been in the vicinity of the Jung-Eup's resting area located in the north of Jung-gu, Jung-gu, Chungcheongnam-do, and “I will complete payment by May 15, 2012, the two weeks after lending 10 million won to his/her husband and wife who is in need of prompt payment while studying in Spain.”

However, the facts are that the Defendant’s glass contractor at the time was in default in 2007, and the Defendant was registered as a bad credit holder in 2009, and even if the Defendant borrowed money from the injured party due to financial standing in 2009, there was no intention or ability to change it within the time limit which was promised.

The defendant received 10 million won from the damaged person as the borrowed money and acquired it by money.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Report on investigation (Confirmation of place of crime);

1. Application of the respective legislation of payment

1. In full view of the relevant legal provisions regarding criminal facts, Article 347(1) of the Criminal Act regarding the selection of punishment, the reason for sentencing of imprisonment, and the fact that the defendant was punished for the same kind of crime. The instant crime appears to have suffered from the victim for a prolonged period of time due to the crime around 2012, and the sentencing conditions specified in the trial process of the instant case, including the character and conduct of the defendant and the circumstances after the crime, etc., the sentence is determined as per the disposition. The defendant was present in a trial in good faith and is not legally binding to give the defendant an opportunity to recover