A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

The Defendant is a person who was operating D Co., Ltd. (hereinafter “D”) on June 30, 201, which was manufactured and Do, or retail chain, such as digital fishing, etc. located in the third floor of the C building located in Siposi, Sipo-si.

The Defendant, around December 1, 2010, lent KRW 30 million to the victim F as he/she was unable to operate a factory because he/she failed to re-purchasing the original owner at the above "D Co., Ltd." office. by December 1, 201, he/she would pay up until February 1, 2011.

“The phrase “ was false.”

However, in fact, the Defendant had no property at the time, and the obligation for the supply of goods, which was not paid to the customer of the delivery of raw materials, was approximately KRW 135,00,000,000, and the employee was unable to pay monthly wage, and the digital fishing products produced and sold by the Defendant Company had been difficult to operate the business due to the increased return of goods due to quality defects. Therefore, even if the Defendant borrowed money from the victim, there was no intention or ability to pay the money normally.

As above, the Defendant, by deceiving the victim, received 30 million won as the borrowed money from the account in the name of the “D Co., Ltd.” on the same day from the victim and acquired it by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes on a copy of passbook;

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

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendations in the sentencing guidelines] - The basic area (from June to June) of types 1 (less than KRW 100 million) in general fraud - None of [decision of sentencing] - No person who is in charge of special sentencing: A favorable circumstances: The defendant's mistake is recognized; the defendant has no record of being punished for the same kind of crime; the defendant has no record of being punished for the same offense; The defendant has not agreed with the victim