A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 16, 2010, the Defendant stated that “E restaurant operation funds need to be paid up to November 15, 2010,” from “E restaurant” operated by the Defendant in Seo-gu, Daegu, Seo-gu, that “The Defendant would lend KRW 5 million to the Victim F.”

However, in fact, the Defendant did not have any special property and did not have any intent or ability to repay the money borrowed from the victim even if he borrowed money from another person because the restaurant operated by the Defendant was unable to dismiss the enemy, and was under circumstances such as preparing operating expenses for the restaurant and repaying the principal and interest of the existing obligation.

The Defendant received KRW 5 million from the injured party, namely, from the injured party, i.e., the delivery of KRW 5 million as the borrowed money, and failed to repay it, thereby acquiring the pecuniary benefits equivalent to the same amount. From March 2008 to March 11, 201, the Defendant received KRW 57 million in total as the borrowed money from the injured party on several occasions by the same method, and did not repay it. The Defendant acquired the pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Investigation report (to hear statements by complainants);

1. Application of Acts and subordinate statutes verifying details of deposit transactions;

1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommending punishment / [the scope of recommending punishment] General Fraud (100 million won or less) / (1 month or year from January to one year) in the area of special mitigation [the special mitigated person], or the degree of deception is weak, or where the degree of deception is weak, the amount of deception is relatively weak or considerable damage is recovered [the decision of punishment], the degree of deception is relatively weak, the agreement is reached with the victim, and there is no record of criminal punishment exceeding the fine, etc.