A defendant shall be punished by imprisonment for six 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 August 13, 2012, the Defendant rendered a false statement to the victim “E Beauty Room operated by the victim D” in Daegu-gu, Dong-gu, Seoul-gu, that “The Defendant would pay interest of KRW 1,000,000 to the victim for one month from among the employees of F inside and outside. If the Defendant borrowed KRW 20,000,000 from KRW 5,000 to four,000,000,000,000 won for each month, the Defendant would receive interest of KRW 4,000,000 for each month. However, the Defendant would borrow KRW 20,000,000 from the prior and KRW 4,000,000,000 to the deduction of KRW 19.6 million.”

However, even if the defendant borrowed money from the victim, he did not have any intention or ability to lend money to another person under the pretext of getting interest.

As above, the Defendant, by deceiving the victim, was transferred from the victim to the Daegu Bank Account in the name of the Defendant on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a detailed statement of passbook transactions and investigation report (Attachment of passbook transactions);

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing in the proviso of Article 62-2(1) and the proviso of Article 62-2(2) of the Probation Criminal Act [the scope of recommending punishment] There is no basic area (6 to 100 million won) (6 months to 6 months) of types 1 ( below 100 million won) [the decision of sentencing] [the decision of sentencing] by deceiving the victim, by deceiving the victim, and by deceiving the victim of 19.6 million won, the victim is disadvantageous to the defendant.

However, the defendant committed the crime in this case, and paid part of the interest of KRW 400,00 per month to the victim. After committing the crime in this case, there were several monetary transactions with the victim for a considerable period of time, and recently new employment.