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

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

Punishment of the crime

The Defendant is a person who operated the D market (4.29 dong 29) in Busan-gu with a trade name "E" for at least ten years.

The Defendant, who was unable to operate the above excessive store, was able to use money for the repayment, etc. of his existing debt by lending money to the victim H who was aware of while entering the “G” located in the Busan Suwon-gu.

On May 17, 2014, the Defendant, at the victim’s house located in Suwon-gu Busan Metropolitan Government I, concluded that “I wanted to dry field so as to dry field so that money is short of money, and will be repaid on the date they wanted with the interest of two copies. I want to do so only before the two months before the date they want.”

However, the fact was that the defendant thought that he would pay credit to the customer with the money that he received from the victim, but that he would do so so as to dry field was a false statement by the defendant.

In addition, the defendant did not have any specific property at the time and did not have any intent or ability to pay the money from the victim because he had a debt of KRW 0 million including the credit payment to the customer and the personal debt.

The Defendant, as above, deceiving the victim and received KRW 10 million from the victim in his/her place around May 17, 2014, as well as receiving KRW 10 million from the victim.

7.3. 20 million won, and the same year;

8.6. The sum of 36 million won, such as the payment of 6 million won by the same method, was obtained through deception.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement of H;

1. A complaint;

1. Application of Acts and subordinate statutes to a loan certificate;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Although the defendant's responsibility for sentencing under Article 62-2 of the Social Service Order Criminal Act is more important, the defendant's prior action against the defendant is determined by agreement with the victim, and the defendant is past.