A defendant shall be punished by imprisonment 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

around October 4, 2016, the Defendant: (a) stated that “Around October 4, 2016, the Defendant is running a steering business on the current high-speed sea; (b)” in the health room for the operation of the Victim C on the first floor of the Chang-si, Changwon-si; (c) “The Defendant is running a steering business on the front side of the high-speed sea; and (d) intends to operate an additional steering business even before the loan of KRW 50 million. If the Defendant borrowed the operating fund, the Defendant would have repaid the funds up to January 4, 2017; and (d) would have the repayment at the request of the principal and interest even before the due date. It is believed that the wife is jointly and severally a guarantor.” (c) The interest rate of 2% per month will be paid on the fourth day of each month.”

However, in fact, at the time of the above operation, there is a person who has been hostile, and the defendant continued to engage in the above operation, and even if he borrowed money from the victim due to the situation where the total amount of debts such as loans is not less than 200 million won, he did not have the intent or ability to repay the money, and the E, a partner of the victim, used the money to repay the debt borrowed from the above operation

The Defendant, by deceiving the victim as above, received KRW 50 million from the victim to the G Association account (H) in the name of F, the Defendant’s wife, under the name of the victim’s borrowing on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to loan certificates and deposit transactions;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

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

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

1. The scope of recommendation [decision of types] according to the sentencing guidelines and there is no person who is less than KRW 100 million [the category 1] (the scope of recommendation field and recommendation range] and the basic area of recommendation [the scope of recommendation field and recommendation range], six months to one year and six months; and

2. Under the decision of sentence, all of the sentencing conditions, such as the following circumstances, the background of the instant crime, the age, character and conduct of the Defendant, and the circumstances after the crime.