A defendant shall be punished by imprisonment for a period of five months.

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

Punishment of the crime

The defendant around January 12, 2015, in the residence of the defendant, "The defendant is expected to take over the gas station in Busan Dong-gu B" to the victim C, and the amount of KRW 60 million is the mother.

B. In reliance on the joint and several sureties and lending money from the lending company, three months shall be paid only interest, and the principal shall not be paid from three months after the payment of interest to the principal.

“......”

However, the defendant did not have a specific plan to take over gas stations, and even if he/she received a loan with a joint guarantor, he/she did not have the ability or intent to complete the loan.

The Defendant had the victim pay KRW 8 million from the Defendant’s loan to the Defendant, KRW 10 million from Tae River loan to the Defendant, KRW 8 million from Tae River loan to the Defendant, KRW 8 million from Dice loan to the Defendant, KRW 8 million from EL LBS loan to the Defendant, and KRW 4 million from the Defendant

father-ro 8 million won to 8 million won, U.S. S. S. Emp mons

The Plaintiff received a total amount of KRW 62 million from the loan of KRW 10 million, KONEX loan, KRW 8 million from the loan of KRW 10 million, and KRW 10 million from the loan of KRW 10 million to the loan of KRW 10 million from the loan of KRW 10 million to each of the loan of KRW 62 million (the victim ultimately repaid the total amount of the above loan and interest of KRW 78,228,03 to each of the above loan companies around April 12, 2016). Accordingly, the Defendant by deceiving the victim, thereby acquiring property benefits equivalent to the above loan and interest amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C;

1. The certificate of borrowing, certificate of full payment, list of holding contracts, certificate of subrogated repayment, statement of transaction, application of Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] is the case where the mitigation area (one month to one year) of Class 1 (the amount below 100 million won) has been reduced (one month to one year) [the person who has been specially mitigated] of punishment, or where considerable damage has been restored.