A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

In fact, the Defendant did not have any intent or ability to complete the payment even if he borrowed money from the victim C because the Defendant was unable to perform his business due to the difficulties caused by the business failure in the 6 to 7 years, and there was no property owned and the Defendant did not have any property owned.

1. On September 5, 2009, the Defendant made a false statement to the effect that “The Defendant would pay interest of KRW 35 million to the Defendant, including interest of KRW 15 million after three months if the Defendant borrowed KRW 20 million.”

The Defendant, by deceiving the victim as such, received KRW 20 million from the victim to the Defendant’s DNA account.

2. On September 25, 2009, the Defendant made a false statement to the effect that “The wages of the construction worker are closed down, with the construction contract deposit being KRW 300 million, and KRW 100 million, which is KRW 30 million, is exceeded KRW 10 million after one month.”

On September 30, 2009, the Defendant, by deceiving the victim, received KRW 6 million from the victim to the Defendant’s DNA account.

Accordingly, the Defendant, by deceiving the victim, received a total of KRW 26 million from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes of a loan certificate and specification of transactions;

1. Article 347 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

1. Taking into account the various circumstances that form the conditions for sentencing, such as the fact that the amount of damage has been additionally repaid during the period of public trial on the grounds of sentencing under Article 62(1) of the Criminal Act, the fact that there is no criminal record other than a fine once, and the fact that it is against the depth of detention life.