A defendant shall be punished by imprisonment for one year.

The defendant shall pay 43 million won to an applicant for compensation.

The above compensation order shall be.

Punishment of the crime

From around 2014, the defendant had been aware of the victim B who was a guest while operating the 'F' in substantial E of Cheongju-si.

Around December 23, 2016, the Defendant stated that “A victim has deserted 6 million won, which gets off, and the remainder of 4 million won shall be repaid at another place.” The Defendant borrowed 10 million won.”

However, even if the Defendant borrowed money from the victim due to economic difficulties, such as failure to pay rent due to difficulties in operating the money, the Defendant did not have the intent or ability to pay it.

Nevertheless, as seen above, the Defendant, including the victim’s false statement, received KRW 10 million from the victim’s H association account (I) from the victim’s wife G from the victim to June 5, 2019, received KRW 43 million in total over 16 times, as indicated in the attached list of crimes, and acquired it by deception.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A certificate of borrowing;

1. A certificate of confirmation of each transaction, certificate of deposit, and application of the Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. In light of the reason for sentencing of Article 25(1)1 and Article 31(1) through (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings Concerning Compensation Orders and Declaration of Provisional Execution, the crime of defraudation is relatively active, and the content of deception, etc. of this case does not fully fulfill this long time, even though the amount of defraudation does not reach a total of 43 million won, it cannot be sentenced to the punishment on the ground that the nature of the crime or the crime of the defendant is not light.

However, the purport of the defendant shows his attitude to reflect his mistake while accepting all of the crimes of this case, and is to endeavor to repay damage.