A defendant shall be punished by imprisonment for four months.

However, 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 September 13, 2010, the Defendant made a false statement to the effect that “The Defendant would borrow money from the victim by the end of February 2011, if he/she lends 4 million won in cash to the victim at the D cafeteria operated by Seosan-si.”

However, the Defendant did not have a certain occupation at the time, and was in excess of the obligation with a personal obligation of KRW 30 million without any particular property. Therefore, even if he borrowed money from the victim, the Defendant did not have the intent or ability to repay it.

Nevertheless, the Defendant, as above, was delivered KRW 20,000,000,000 in cash from September 13, 2010 to around December 8, 2010 by deceiving the victim as above and receiving KRW 4 million in cash from the victim, from around September 13, 2010 to around December 8, 2010.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

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

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

1. The punishment as ordered shall be determined by comprehensively taking into account the following factors: the reason for and methods of deception of sentencing under Article 62(1) of the Criminal Act; the amount of fraud; the fact that the victim has agreed with the victim; and the age, character and conduct, and environment of the accused as