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

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

Punishment of the crime

On October 26, 2015, the Defendant made a false statement with the victim D’s office located in G in Sungsung-si, stating that “The Defendant would pay monthly interest to the victim when he/she lends money that is required to pay due to taxes, etc. to the victim.”

However, the facts are that the defendant had a debt equivalent to KRW 7 billion at the time, and the defendant was operated.

Since E is difficult to manage, there was no intention or ability to repay the money even after borrowing it from the damaged party.

The Defendant was transferred from the victim to an enterprise bank account in the name of the Defendant, as a loan, KRW 50 million on the same day, KRW 5 million on November 17, 2015, KRW 10 million on December 31, 2015, and KRW 65 million on December 31, 2015.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of the defendant in part of the protocol of interrogation of the suspect against the defendant by the prosecution, and entry of F in the protocol;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to each monetary loan instrument, loan certificate, inquiry into details of each transaction, part of registered matters, certified copy of the registry of real estate, reply, statement of pleadings, and credit report;

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. Article 62 (1) of the Criminal Act (Confession, reflectivity, and the same criminal records shall not be included in the suspended execution; full repayment of the amount obtained by deceit);