A defendant shall be punished by imprisonment for six 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

1. On October 2009, the Defendant concluded that “The Defendant borrowed money to pay expenses incurred in the sale of agricultural and fishery products that he/she attempted to progress” to the victim E in front of the building with D offices located in Gangdong-gu Seoul Police Officer around October 2009, where he/she had D offices located in Gangdong-gu Seoul.

However, the defendant did not have any intention or ability to repay even if he borrowed money from the victim because there is no particular property or income.

As above, the Defendant, by deceiving the victim as above, received KRW 12 million from the victim as the borrowed money on the same day, and acquired it by fraud.

2. On November 30, 2009, the Defendant: (a) around November 30, 2009, the Defendant stated that “The funds need to be more needed to operate agricultural and fishery products sales business; (b) the sum of the loans borrowed in front of the business fund will be paid the interest on the two-month and shall be repaid after one year.”

However, since there is no particular property or income, and there is extremely little possibility that the defendant will make profits from the agricultural and fishery product sales business, there was no intention or ability to pay such profits even if he borrows money from the victim.

As above, the Defendant, by deceiving the victim as above, received 37 million won from the victim as the borrowed money on the same day and acquired it by defrauded.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement of the police statement regarding E;

1. Entry of a detailed statement of entry and withdrawal, and a detailed statement of passbook transaction;

1. Application of the Acts and subordinate statutes written in the investigation report (verification of the same force judgment against a suspect);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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

1. The sentencing under Article 62(1) of the Criminal Act is as follows.