A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 6, 2016, the Defendant is in the “D” restaurant located in Busan Shipping Daegu C around Busan, and there is a need to purchase machinery for the victim E to start metal processing business.

A loan of KRW 20 million shall be used as the purchase price of machinery and shall be repaid.

“A false representation was made.”

However, the defendant did not start the metal business, and there was no intention to purchase the machinery only when he thought that he would repay the existing debt by lending money from the damaged person.

In addition, the Defendant did not have any special property under his name at the time, and there was no fixed income in the work, and there was about 110 million won of bank account obligations, about 70 million won of personal debt, and there was no intention or ability to repay the debt even if he borrowed money from the injured party.

As above, the Defendant: (a) deceiving the victim as above and received KRW 20,000,00 from the victim as the loan money on the same day; (b) around that time to July 10, 2017, and (c) obtained a total of KRW 140,50,000 from the victim under the same name eight times in total, such as the statement in the list of crimes from around that time to around July 10, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. Details of deposit transactions, verification certificates, investigation reports (NICE evaluation information reply), application of credit information inquiry documents, and statutes;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the choice of punishment (in comprehensive, the choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. 사회봉사명령 형법 제 62조의 2 양형의 이유 이 사건 범행은, 피해 자로부터 상당기간 반복적으로 금전을 편취한 것으로서, 그 죄질이 좋지 않은 점, 피해금액이 거액인 점, 피고인의 말을 믿고 선의를 베푼 피해자는 새벽부터 늦은 밤까지 성실하게 일하며 푼푼이 모은 결혼자금 등 대부분의 재산을 잃게 되었고, 그...