A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

1. On July 10, 2010, the Defendant committed a crime on July 10, 2010, in the “C” restaurant located in the Jung-gu Daejeon Daejeon District Court on July 9, 2010, lent KRW 10 million to the victim D with three (3) interest on the loan of KRW 10 million, and all (3) months after the repayment of the principal.

“Around July 10, 2010, the Plaintiff received KRW 10 million from the injured party.”

However, at the time of borrowing money from a factual victim, the Defendant did not have any intent or ability to complete payment even if he borrowed money from the damaged party, because he did not have any obligation of KRW 130,000,00,000, such as overdue rent of a coffee specialty store operated by the Defendant without any particular property, and he was willing to use the money borrowed from the injured party to repay other obligations in the form of so-called “refusing off payment.”

Accordingly, the defendant deceivings the victim, and he obtained 10 million won from the victim and acquired it by fraud.

2. On July 12, 2010, the Defendant committed the crime at around July 12, 2010: (a) at the restaurant listed in paragraph 1 around July 12, 2010, the Defendant repaid the victim D in lump sum three months after the lapse of three months, including the loan of KRW 15 million and the interest of KRW 10 million from the loan of KRW 15 million.

“The 15 million won was delivered from the victim on the same day.”

However, at the time of borrowing money from a factual victim, the Defendant did not have any intent or ability to complete payment even if he borrowed money from the damaged party, because he did not have any obligation of KRW 130,000,00,000, such as overdue rent of a coffee specialty store operated by the Defendant without any particular property, and he was willing to use the money borrowed from the injured party to repay other obligations in the form of so-called “refusing off payment.”

Accordingly, the defendant deceivings the victim, and 15 million won was delivered from the victim, thereby deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on a fair deed;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime, respectively;