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

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

On December 9, 2014, the Defendant called the victim C who was aware of the Defendant’s residence located in the Busan-gu, Busan-gu, the Defendant called “I would pay the interest that I would have to pay the money to I would have to receive within a prompt time from the time when I would give the interest that I would have to pay the money,” or read to the effect that “I would like to start the business and operate well, and I would like to lend the money because I would urgently needed the business fund.”

However, in fact, the defendant did not borrow money from the victim upon the defendant's request, and the defendant's spouse did not have any business after the defendant's business was defaulted in around 2007, and the defendant's spouse did not have any business, and there was no particular source of revenue, and it was thought that the money received from the victim was used for living expenses, etc.

Around December 9, 2014, the Defendant, by deceiving the victim as above, received 4,100,000 won from the victim’s account in the name of the Defendant, and received 4,100,000 won from the victim, and received 4,10,000 won in total, including interest and principal, and paid 16,773,327,00 won in total from August 1, 2017 to August 1, 2017, the Defendant’s spouse continued to engage in the business as if the Defendant’s spouse continued to engage in the business in order to continuously borrow and return the money from the victim, and as shown in the attached Form, such as making a false statement.

Summary of Evidence

1. Defendant's legal statement;

1. Part C of the protocol concerning the examination of the suspect against the defendant;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes on and after June 8, 2017, the details of transactions, borrowing certificates, account transactions, D dialogue, investigation report (attached data), and the details of borrowing.

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act (including the favorable circumstances, etc. among the reasons for sentencing below) is as follows.