A defendant shall be punished by imprisonment for six 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

The Defendant operated a store of organic agricultural and fishery products with the trade name “D” in Seongbuk-gu, Sungnam-si.

On October 19, 2010, the Defendant: “Around October 19, 2010, the Defendant used the interest amount of KRW 40 million by the end of December 2011 and paid the interest in KRW 700,000 on the 20th day of each month, because there is a place where he/she has to pay the amount of money to the victim E. If he/she fails to repay, he/she will continue to pay the interest and pay the interest in KRW 20,000 on the 20th day of each month.”

However, the Defendant was liable to pay KRW 12 million to the Seoul Credit Guarantee Foundation, KRW 15,240,00,00 to the Defendant, and KRW 17,550,00 to the National Bank, and the Defendant was unable to pay the monthly rent of selling stores, etc. In addition, the Defendant did not have the ability to pay the amount of money even if he borrowed money from the victim.

The Defendant received KRW 40 million in total from the victim, including KRW 5 million on October 19, 201, KRW 205 million on October 2010, KRW 205 million on October 21, 2010, and KRW 10 million on October 21, 2010.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Application of Acts and subordinate statutes to report on investigation (information on transactions between suspects and victims);

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

1. Grounds for sentencing under Article 62(1) of the Criminal Act (including the following grounds for sentencing)

1. Determination of types of crime: Type 1 (less than 100 million won) of the general fraud;

2. Determination of the scope of sentence: Reduction area, from one year to one year (a person who is subject to special mitigation shall not be subject to punishment);

3. The decision of sentence and suspension of execution are recognized and contradictory to the defendant's mistake, the victim does not want the punishment of the defendant by mutual consent with the victim after the prosecution of this case, and there is no criminal power against the defendant.