A defendant shall be punished by imprisonment for 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

On December 4, 2013, the Defendant lent KRW 50 million to the victim D in the dry field of the Defendant’s dry field located in the Chungcheong City C and below C around 2013, for two years each month, when the Defendant lent KRW 50 million to the victim.

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However, even if the Defendant borrowed money from the injured party, he was living together with the Defendant at the time.

Along with E’s intent to use the E’s personal debt repayment, there was no intention to use it for the business fund, etc., and there was no fact that the Defendant’s large-scale business was 50 million won high pressure, and the restaurant operated at the time did not have the intention or ability to repay even if the sales of the restaurant was gradually decreased, and even if the cafeteria borrowed money with bonds was borrowed from the injured party, it did not have the intention or ability to repay it.

Nevertheless, Defendant 1 made a false statement to the victim and caused the same month to the victim.

6. A delivery was received of KRW 23 million in the Agricultural Cooperative Account (Account Number: F) in the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A complaint filed in D;

1. A copy of a promissory note, details of account transactions, loan certificates, and written confirmation of transactions of insurance contract loans;

1. Certification of standards for imposition of value-added tax;

1. A written confirmation of loan transactions of insurance contracts;

1. A detailed statement of deposit transactions;

1. Application of Acts and subordinate statutes to each investigation report (in relation to attaching detailed statements of suspect transactions, submitting reference materials to victims, hearing statements and reports by complainants, and confirming and reporting the detailed statement of deposit transactions);

1. Article 347 (1) of the Criminal Act (the point of fraud) and the choice of imprisonment with prison labor for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] the basic area (six months to one year and six months) (no person subject to special sentencing] of the type 1 (less than KRW 100 million) general fraud;

2. The crime of this case in which the sentence of sentence was determined.