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 and six months from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal record] On November 14, 2017, the Defendant was sentenced to the suspension of the execution of six months of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (motor vehicle drivers' assault, etc.) in the Hongsung Branch of the Daejeon District Court, and the judgment became final and conclusive on November 22, 2017.

[2] The Defendant, on October 1, 2014, paid the principal and interest after the month when he borrowed money to the victim C who was aware of his intention to engage in the distribution of fish.

The phrase “ makes a false statement.”

However, the Defendant did not have any intent or ability to repay the debt amounting to KRW 100 million or more without any particular property at the time, even if he/she borrowed money from the injured party.

On October 10, 2014, the Defendant received KRW 15 million from the injured party to the bank account (E) of the name of D, his/her father, for the purpose of borrowing money from around October 10, 2014, and received KRW 5 million from the said account on November 13, 2014.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A certificate of borrowing and a statement of account transactions;

1. A report on investigation, and a credit information inquiry table;

1. Details, etc. of account transactions (including investigation reports on the 1st page 22 of investigation records (including investigation of a warrant of search and seizure verification));

1. Reporting on investigation (to hearC statements);

1. Investigation report (F statement hearing);

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as investigation reports (Attachment of judgment, etc. of related cases) and text of judgment;

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

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) shall apply;

1. Article 62 (1) of the Criminal Act (The following favorable circumstances considered as the reasons for sentencing shall be considered):

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order is not completely recovered until recently, and it should be done immediately before this judgment is rendered.