A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date the above judgment becomes final and conclusive.

Punishment of the crime

1. Around July 31, 2008, the Defendant made a false statement to the victim E-cafeteria operated by the victim D, which is the victim D, Gangwon-gun, Gangwon-gun, that “I would have to pay the victim with the money to be paid, until February 15, 2009, if you lend the money to the victim.”

However, the defendant had no intention or ability to pay the above money properly even if he/she borrowed the money from the victim, because he/she bears an individual obligation of KRW 200 million without any particular property or income at the time.

Ultimately, the Defendant, as seen above, was urged by the victim, and was given cash worth KRW 10 million from the victim on the same day.

2. On August 29, 2008, the Defendant made a false statement to the victim, stating that “I would have to use the money so paid, and will have to pay the money without fail until December 29, 2008, if I would have borrowed the money so paid.”

However, the defendant did not have the intention or ability to pay the money properly even if he borrowed money from the victim because of the economic situation such as Paragraph 1 at the time.

Ultimately, the Defendant, as seen above, was urged by the victim, and was given cash worth KRW 10 million from the victim on the same day.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Part of the statement made D in the police investigation protocol against the accused;

1. The application of Acts and subordinate statutes to investigation reports;

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

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

1. The sentencing guidelines for sentencing under Article 62(1) of the Criminal Act in the suspended sentence [the sentencing guidelines] general fraud, and the basic area of sentencing [the range of recommending punishment]: the defendant who was sentenced from June to June of imprisonment with prison labor partially repaid to the victim as interest, and additionally deposited after instituting a prosecution, the relationship between the defendant and the victim, the amount of damage, and all other matters.