A defendant shall be punished by imprisonment with prison labor for not more than ten 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

1. Around July 2012, the defrauded concluded that “Around July 2012, the Defendant would have paid 100,000 won per month after having repaid the amount of damages to the victim B at the restaurant located in the city located in Seocho-gu Seoul Special Metropolitan City, Seocho-gu, Seoul Special Metropolitan City.”

However, in fact, the defendant did not have any intent or ability to repay the debt of 30 million won or more at the time, even if he borrowed money from the victim because he was in a bad credit position and there was no special fixed income.

As such, the Defendant, by deceiving the victim, received cash of KRW 10 million on the same day from the victim and fraudulently acquired it.

2. Around August 2012, 2012, the defrauded, around August 2012, the Defendant, at the restaurant specified in paragraph (1) of this Article, told the victim that “it still remains due, and further, 10 million won should be loaned.” Since Dogggggggggggggin in Msan, he/she may receive money in return for the sale of rice.”

However, the facts are that the Defendant had a debt of 30 million won or more at the time, and the Defendant had a bad credit, and even if the Defendant had a son and sold rice, there was no share to be paid by the Defendant. Therefore, even if the Defendant borrowed money from the victim, there was no intention or ability to pay the money in accordance with the promise.

As such, the Defendant, by deceiving the victim, received cash of KRW 10 million on the same day from the victim and fraudulently acquired it.

Summary of Evidence

1. Partial statement of the defendant;

1. An interrogation protocol of the accused by the prosecution (including attached documents);

1. The police and the prosecutor's office's statement concerning B;

1. Loan certificates, closure photographs of text messages, investigation reports (Analysis of the details of financial transactions and confirmation of the counter-suspect of the suspect), response data, investigation reports (C verification), credit assessment data, and application of Acts and subordinate statutes on account transactions;

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

1. The Criminal Act among concurrent crimes.