A defendant shall be punished by imprisonment with prison labor for up to 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

The defendant is the head of family.

(1) The Defendant borrowed 4 million won as interest on March 30, 2009, and received it (2) on June 15, 2009, and (3) on May 26, 201, the Defendant borrowed 14.5 million won as interest on May 26, 201, and received it (4) on August 28, 201, and (5) on August 201, 201, the Defendant borrowed 5 million won as interest on August 2, 201, despite having no intent or ability to repay money from the victim D even if he/she was unable to do so.

Accordingly, the Defendant, by deceiving the victim, obtained a total of 35 million won through five times from March 30, 2009 to November 2, 2011.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

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

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [decision of the type of punishment] The basic area of punishment below 100 million won [the scope of recommendation] [the scope of punishment] six months to one year and six months [the general person] - None of the elements of mitigation [the scope of punishment] applicable provisions: the statutory penalty under Article 347 of the Criminal Act: January to ten years [the period of suspension of execution] - Major reasons for major participation : negative non-agreement - If positive loss amount is considerably small or considerable damage amount is recovered, there is no record of criminal punishment [decision of sentence] If there is no record of criminal punishment against the defendant, it shall be selected in consideration of the fact that there is no record of criminal punishment against the defendant and the amount of actual damage.