A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On May 13, 2012, the Defendant made a false statement to the victim’s D cafeteria operated by the victim C in the Haan-gun, Hanam-gun, B, that “E is operating the company, and the employee’s meals will be calculated at the end of each month, if the employee’s meals are in high seas.”

However, at the time, the Defendant was liable for the debt amounting to KRW 350,000,00, including the amount in arrears of national taxes, and operated by the Defendant.

E was unable to pay the employee's benefits due to almost little of profits in E, and thus there was no intention or ability to pay the meal to the injured party in a normal manner.

Nevertheless, the Defendant provided meals equivalent to KRW 6,568,00 in total, as shown in the list of crimes in the attached Table, from the time of the damage, to June 20, 2012, from the time when the damage was caused by the false statement as above.

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

2. On May 24, 2012, the Defendant made a false statement to the said victim, stating that “The Defendant shall pay the foregoing amount at the end of May, 2012, when calculating the amount of money that the mother would lend to the Plaintiff the her hospital expenses.”

However, the defendant did not have the intention or ability to pay the amount normally even if he borrowed the money from the damaged person for the reasons stated in the above 1.

Nevertheless, the Defendant, as seen above, was transferred KRW 3,600,000 to the Agricultural Cooperative Account (F) in the name of the Defendant on the same day from the injured party as the above, on the same day.

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

3. On May 26, 2012, the Defendant calls to the above victim and calls to “a hospital cost is urgently needed for the Defendant to complete the employee.”

On the end of five (5) months, a false statement was made that the payment will be made together when calculating food expenses.

However, it is true that the Defendant borrowed money from the injured party for the same reason as the above 1.