A defendant shall be punished by imprisonment for one year.

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

Around December 13, 2011, the Defendant made a false statement to the effect that “D” office located in the Nam-gu Incheon Metropolitan City, “D” (hereinafter “D”) would pay interest of KRW 700,000 per month if the Defendant borrowed KRW 50,000,000 from the purchase price of a vehicle to the victim E, and would have paid the principal by December 13, 2012.”

However, the defendant did not have the intent and ability to repay the borrowed money even if he borrowed money from the victim because his personal debt including bonds at the time reaches about 1.6 million won and was in bad credit standing.

Accordingly, the Defendant, by deceiving the victim, received 47,200,000 won from the victim as the borrowed money on the same day, from the victim to the Suhyup account under the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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

1. Determination of the sentence like the order shall be made in consideration of the fact that the defendant confessions and reflects the reasons for sentencing under Article 62(1) of the Criminal Act, and the amount of money acquired by the crime of this case, and the fact that the victim agreed smoothly after the institution of public prosecution.