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 becomes final and conclusive.

Punishment of the crime

In 201, the Defendant came to know the victim B who was employed by the same employee while working as an employee of the management shop in Gwangju around February 9, 201. On February 9, 2011, the Defendant opened and operated the management shop of the department “D” in the Dong-dong City where he borrowed KRW 60 million from the damaged person. From that time to March 7, 2012, the Defendant lent KRW 71 million in total from the damaged person to March 7, 2012.

On June 5, 2014, the Defendant provided a monthly salary to the victim at the management shop operated by the injured party in Sinsan-si E.

A loan of KRW 15 million shall be paid KRW 5 million in one month, and the loan shall be paid KRW 2 million in every month.

“.....”

However, the defendant had no intention or ability to repay money even if he borrowed money from the damaged party because the financial situation of the workplace managed by the defendant was difficult, and there was no other property or income.

As above, the Defendant: (a) by deceiving the victim; (b) received from the victim, KRW 8 million on the same day from the victim; (c) KRW 15 million on June 2014, including KRW 7 million, from the victim; and (d) received KRW 20 million on several occasions from the date to August 2014 as stated in the list of crimes in the separate sheet; and (b) obtained the money as a loan.

Summary of Evidence

1. Statement by the defendant in court;

1. Part of the statement made by the prosecution against the defendant in the suspect interrogation protocol;

1. Application of Acts and subordinate statutes to each process deed, detailed statement of transactions, business registration certificate, tax payment slip, and account details;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Although the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution do not reach an agreement with the victim, it does not seem to be planned defraudation, the fact that deposit and repayment of KRW 4.5 million out of the borrowed money was made, and the Defendant’s age, sex, conduct, intelligence and environment, and the motive, background, and means of the instant crime, as shown in the argument of the instant case.