A defendant shall be punished by imprisonment for not less than eight 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. On September 10, 2015, the Defendant, on September 10, 2015, made a false statement to the effect that “The Defendant would lend money to the victim B in KRW 20 million, and make repayment three months after September 10, 2015.”

However, in fact, the defendant thought that he would use the money borrowed from the victim for the purpose of lending it to another person for gambling, and that he did not recover approximately KRW 700 million from the money borrowed from gambling at the time, and because there was no other surplus, there was no intention or ability to repay it normally even if he borrowed money from the victim.

The Defendant received 18.6 million won from the victim as the borrowed money on the same day.

2. On February 21, 2016, the Defendant, on February 21, 2016, made a false statement to the effect that: (a) the Defendant would use only 10 days to the victim B at a location not exceeding Daejeon (Seoul); and (b) the Defendant would lend only 30 million won to the victim B.

However, the defendant did not have the intention or ability to pay the amount normally even if he borrowed the money from the victim as stated in Paragraph 1.

The Defendant received 28 million won from the victim to the Cbank account (D) in the name of the Defendant on the same day as the loan money.

Accordingly, the defendant was given a total of KRW 46.6 million by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of partially the accused by the prosecution (including the part concerning the statement of B);

1. The police statement concerning B;

1. A report on investigation;

1. Application of Acts and subordinate statutes to filing a complaint, cash custody certificate, receipt, certificate of personal seal impression, collection of borrowed amount, statement of deposit transactions, credit information data, and recording record;

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. The suspended execution shall be based on the details, methods, and the amount of fraud of the instant crime under Article 62(1) of the Criminal Act;