A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

Around July 1, 2011, the Defendant paid KRW 290,000,000 per month for personal debt and KRW 800,000,000 to KRW 67,00 per month without any specific property to a person who was a director of a corporation conducting real estate sales business. However, the Defendant did not have any intention or ability to repay the debt even if he borrowed money from another person.

Nevertheless, on July 1, 2011, the Defendant made a false statement stating that “If he/she fails to repay the money borrowed from a bank within the repayment period, he/she will have a credit and proceed with the business even if he/she has borrowed 20 million won, he/she will repay the money within 2-3 months if he/she has borrowed 20 million won.”

The Defendant received 20 million won in cash from the victim, i.e., in exchange for the borrowed money.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of loan certificates and written agreements and Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act (Fraud and Selection of Imprisonment);

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] There is no basic area [6-100 won or less] [6-100 million won] [Pronouncement Decision] 6 months of imprisonment, and 2 years of suspended sentence, there is no damage change to the victim, under extenuating circumstances, that the defendant is against the time of committing the crime, and that there is no other penalty power than before the fine of this kind is advantageous. The method and result of the crime of this case, after considering the circumstances after committing the crime, the defendant's age, character and conduct, family environment, etc., the punishment is determined as ordered.