A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

1. On October 1, 2015, the Defendant committed fraud, on October 1, 2015, concluded that “In the car page operated by the Defendant on the sixth floor of the building in Suwon-gu Busan, Busan, around October 1, 2015, the Defendant gave 80,000 won interest per month to the victim D if he/she lends 20,000 won to urgently needed money, and the principal will be repaid until September 30, 2016, and if the principal is not repaid within the prescribed period, the principal shall be recovered from 30,000 won of the lease deposit in Cda operated by the Defendant.”

However, in fact, the Defendant did not have any special property, and the rent and management expenses of the store operated are in arrears and thus deducted from the deposit for lease. The Defendant had no intention or ability to pay the loan, even if he borrowed the money from the damaged person, on the ground that there was a situation in which the Defendant paid the debt by the tentatively named “return prohibition” because it is difficult to cope with the interest due to the personal debt of more than 100 million won.

The defendant deceivings the victim as above and acquired 19.2 million won from the victim to the national bank account in the name of the defendant, in other words, from the victim.

2. On March 24, 2016, the Defendant committed the crime of fraud: (a) the place indicated in paragraph (1) around March 23, 2016, stating that “If the Defendant additionally lends KRW 10 million to the victim D, 1.2 million shall be given interest every month; and (b) the Defendant would be reimbursed by February 24, 2017.”

However, the defendant did not have any intent or ability to pay the same according to the promise even if he borrowed the money from the damaged person, such as the statement in Paragraph 1.

As above, the Defendant, by deceiving the victim and deceiving the victim on March 24, 2016, received KRW 8,707,000 from the victim to the national bank account in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each loan certificate, lease contract, investigation report (the statement of transaction), transaction statement, investigation report (the suspect transaction statement), transaction statement, and transaction statement; and