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 became final and conclusive.

Punishment of the crime

On February 28, 2011, the Defendant made a false statement to the victim D, who was aware of "C" Da, a member of Ansan-si, a member of Ansan-si, that he/she would pay interest of KRW 1 million per month if he/she borrowed 3 months only."

However, the fact is that the direct control point of the defendant's Madro Madro Madro, which was operated by the defendant, did not exempt the enemy from the rent, such as not paying the rent due to the difficulties in its operation, and the defendant also paid about 70 million won (50 million won for financial institutions, 20 million won for personal debts, and 20 million won for personal debts). The external business that the defendant tried to operate as a kind of business with friendship E was not secured, and even if he borrowed money from others, there was no intention or ability to pay it at once.

Nevertheless, the Defendant received KRW 19 million from the victim to the single bank account in the name of the Defendant on the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes on remittance statements;

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

1. The punishment shall be determined as ordered in consideration of the favorable circumstances, such as the confession of the defendant for the reason of sentencing under Article 62(1) of the Criminal Act, the primary offender, the payment of one million won to the victim, etc., the unfavorable circumstances, such as the fact that there is no agreement with the victim, and all other factors of sentencing including the age, character and conduct, environment, circumstances of the crime, and circumstances after the crime, etc.