A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

The defendant is the victim C and the defendant of high school.

On June 2014, the defendant extended interest to the victim in E cafeteria located in Ansan-si, Ansan-si. "The president of the company lend money to the other party."

Along with the loan of KRW 30 million, the interest of KRW 750,000 per month shall be paid, and the principal shall be returned within three months if the return is requested.

However, in fact, the defendant was expected to lend 10 million won to G who is the defendant's branch in addition to F of the president of the company where the defendant used to lend money from the victim, and even if he did not have property at the time and returned money to F and G, he did not have any intent or ability to pay money as normal interest to the victim or to repay the principal to the victim.

On June 11, 2014, the Defendant deceptioned the victim as above, and acquired 2,9250,000 won from the victim to the agricultural bank passbook in the name of the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with H (including the C’s statement);

1. Certificates of deposit transactions, borrowing certificates, and detailed statement of deposit transactions;

1. Each investigation report (the defendant and his defense counsel paid interest to the victim for about two years, and some of the borrowed money used as the name of the victim, and there was no intention to acquire it by deception in light of the size of the defendant's property or the obligation relationship.

The argument is asserted.

In a case where a person uses money and borrows money, if there is a relationship that would have not been lent to the other party if he had notified the real purpose of use, the deception, which is an act of fraud, shall be deemed to have been committed (see Supreme Court Decision 95Do707, Sept. 15, 1995, etc.). In addition, as long as the defendant does not confession, the criminal intent of defraudation, which is a subjective constituent element of a crime, shall be objective circumstances such as the personal history, environment, details of the crime, process of transaction, etc. of the accused before and after the crime.