A defendant shall be punished by imprisonment for not more than ten 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

On May 31, 2012, the Defendant made a false statement to the victim C, stating, “The Defendant shall pay five (5) interest per month on the loan of money to the victim C, and shall pay the principal within two to three (2) months.”

However, the Defendant was unable to pay the credit card payment or the household's monthly income at the time, and the Defendant was unable to pay the loan amount of KRW 30 million from the Credit Guarantee Fund, and the income at the time was insufficient to pay the existing debt or interest, and there was no other property from the victim, and thus, the Defendant did not have any intent or ability to pay the loan even if he borrowed the money from the victim.

Accordingly, the Defendant, as such, received 3,350,00 won from the victim by deceiving the victim as such, from February 19, 2013, from that time, the Defendant received 10,000 won from the victim, i.e., remittance from the victim, i., from the victim, to February 19, 2013, for a total of 3,33.5

Summary of Evidence

1. Defendant's legal statement;

1. C’s legal statement;

1. An interrogation protocol of the accused by the prosecution (including the substitute part);

1. Application of Acts and subordinate statutes, such as notarial deeds, detailed statement of passbook transactions, and copy of passbook;

1. Article 347 (1) of the Criminal Act applicable to the crimes under relevant Articles of the Criminal Act;

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

1. Article 62(1) of the Criminal Act of the suspended execution (see, e.g., the denial of criminal conduct, the fact-finding is recognized, the partial repayment of borrowed money, and the absence of any same power);

1. Social service order under Article 62-2 of the Criminal Act;