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

except that 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

1. On January 2008, the Defendant made a false statement to the victim C at a coffee shop, where it is difficult to know the trade name located in the member-gu, Ansan-si, Annsan-si, where the trade name is unknown. The Defendant borrowed KRW 20 million to the victim C with interest on principal and interest on KRW 5 per month after 2-3 months from the loan.

However, in fact, the Defendant did not provide a security loan for the vehicle, and even if he borrowed money from the victim due to the absence of special property other than KRW 20 million, he did not have any intention or ability to pay it.

The defendant is against the victim of the same damage.

1.Around 17.20 million won was remitted.

Accordingly, the defendant received property from the victim.

2. On April 4, 2008, at a place where the location is unknown, the Defendant made a false statement to the victim C that “if the Defendant lends KRW 20 million to another business, the Defendant would pay the principal and interest on the five-month interest within a few months.”

However, even if the defendant borrows money from the victim, he did not have the intention or ability to repay it.

The Defendant received 20 million won from the victim, i.e., 20 million won from the victim, 20 million won in the same name on the 10th day of the same month, and 3 million won in the same name on the 16th day of the same month, and received a total of 43 million won in the same name.

Accordingly, the defendant received property from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to C, D, and E;

1. Part of the statement made by the police in F; and

1. Application of Acts and subordinate statutes to writing, a copy of account transaction statement;

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

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., the confession and reflective points, and the point agreed with the victim);