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

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

Punishment of the crime

On October 2016, the Defendant stated that “C” coffee shop located in Busan Jin-gu, Busan, would pay the victim D interest upon lending money to the victim D due to the business fund.”

However, in fact, the Defendant did not need the husband’s business funds, and at the time, the Defendant was obliged to pay approximately KRW 5 million interest on the month when the obligation, such as the obligation to the branch persons, was about KRW 200 million, and there was no intention or ability to make a normal repayment even if the Defendant borrowed money from the victim.

Around October 2016, the Defendant, as seen above, was informed of the victim’s deception and received KRW 5 million in cash at the same coffee shop from the victim, and received KRW 13.5 million in total four times as indicated in the attached Table No. 1 through No. 4 in the list of crimes.

Summary of Evidence

1. Legal statement of witness D;

1. Loan certificate, notarial deed, credit information inquiry statement and investigation report (the victim's telephone conversation) [The circumstance where the defendant had made a monetary transaction with the victim even before October 2016 according to the data submitted by his/her counsel is acknowledged, but it does not seem that the victim knew the defendant's credit status at the time of lending on or around October 4, 2016, and did not seem to have anticipated or could have anticipated risks to the debtor's delayed repayment or inability of repayment, and therefore, the criminal intent of the defendant is recognized as the criminal defendant's defraudation].

1. Relevant Article 347 (1) of the Criminal Act and the choice of punishment for the crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act appears to have been a monetary transaction that borrows the balance after deducting the interest from the victim, and it appears that the Defendant partially repaid the principal and interest in connection with the instant fraud.

The injured party only want the repayment of the damage and does not want the punishment of the defendant.

The defendant has no history of criminal punishment.

The defendant is divorced from his spouse and is neglected.