A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On January 25, 2017, the Defendant urged the injured party to pay the credit price of KRW 1.5 million from the credit price of earth and sand to the victim's rehabilitation room in Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City) on January 25, 2017.

The president has to pay the credit value with money by expressing the details of transfer to the head of the Tong by transferring KRW 10 million to the head of the Tong and stating that he/she should pay the credit value.

In order to make the transfer details deposited in KRW 10 million in the head of the Tong, the bank stated that the bank will immediately pay the credit value.

However, at the time of fact, the defendant was in a state of excess of his/her obligation, and even if he/she received KRW 10 million from the injured party, he/she thought to pay the outstanding amount to the customer, and he/she did not have the intent or ability to pay the outstanding

Nevertheless, the defendant deceivings the victim as above, and he took over KRW 10 million from the victim to the corporate bank account in the name of the defendant on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A financial transaction statement, 2017, 3832, and 3832, and a written determination of a collection order, and a transaction statement of an enterprise bank;

1. Application of the Acts and subordinate statutes on loan certificates;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense and Article 347 (1) of the Selection of Punishment;

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 recommended punishment] The basic area of punishment (the decision of sentence from June to one year and six months) [the decision of sentence] is not significant, there is no record of criminal punishment exceeding the same kind of crime or fine, and there is no record of criminal punishment other than the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc. are taken into account, and the above circumstances are excluded from the scope of recommended punishment.