A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 4, 2011, the Defendant lacks operating funds from the “C” office, which is a soundproof door-making company operated by the Defendant in Gyeonggi-si, Gwangju-si, to the victim D.”

Since it is possible to collect money from the delivery company of the goods, it is said that the principal and interest will be paid in full with the interest of KRW 1 million from 7 days to 3 million of principal within 10,000,000,000 from 7 days to 6 million of principal.

However, at the time, the Defendant did not have any special property and borrowed money from the victim as a repayment of the existing corporate debt, and there was no intention or ability to repay money within 7 days and 10 days from the promise, even if he borrowed money from the victim because it did not reach the principal borrowed from the supplier of the goods.

As above, the Defendant: (a) by deceiving the victim; and (b) transferred KRW 5 million to the Agricultural Cooperative Account (E) in the name of the Defendant amounting to KRW 24.2 million from July 4, 201; (c) around July 5, 201; (d) KRW 2.5 million from July 7, 201; (e) KRW 8 million from July 8, 201; and (e) KRW 3.7 million from July 11, 201.

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 D;

1. Part concerning the statement of D in the second police interrogation protocol against the defendant

1. A criminal investigation report (report on the attachment of a detailed statement of transactions of deposits and withdrawals from agricultural cooperatives under the name of the suspect);

1. Application of Acts and subordinate statutes on account transactions;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the choice of punishment (in comprehensive, the choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. The sentencing criteria shall be based on; and