A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On October 18, 2014, the Defendant is in the process of running the Defendant’s “A” office in Songpa-gu Seoul Metropolitan Government C Building 201, and the victim E is in progress with a high-income business from importing and selling the Russia by importing it.

In the case of lending KRW 20 million, 7% per month shall be paid for three months, and the principal shall be repaid in the last three months.

However, at the time, the Defendant only entered into an investment agreement on the Russia import business, but did not have any profits because it was not equipped with basic facilities such as freezing vehicles, etc., and there was no property or method necessary for profit-making. Therefore, even if the Defendant received money from the injured party as the source of investment, there was no intention or ability to return the interest and the principal even if he received money from the injured party as the source of investment.

As such, the Defendant, by deceiving the victim, obtained the amount of KRW 5 million in cash from the victim, KRW 5 million in cash on October 28, 2014, KRW 5 million in the bank account in the name of the Dispute Settlement Bank D, KRW 5 million in the same account on November 11, 2014, KRW 5 million in the same account on November 18, 2014, and KRW 5 million in the same account on the same day.

Summary of Evidence

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the police for E;

1. A complaint, copy of merchandise coupon, copy of passbook, merchandise coupon agreement, and explanatory materials for merchandise coupon;

1. Application of Acts and subordinate statutes governing recording records;

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

1. The defendant for the reason of sentencing under Article 62(1) of the suspended sentence of the Criminal Act, on the ground that he/she was granted KRW 20 million from the injured party on the security of gift certificates without any property value, on the ground that he/she had no property value, and the facts charged are found guilty.

The defendant was sentenced to suspended sentence due to a similar crime in the past.

However, considering the favorable circumstances in which the defendant paid a part of the amount to the victim and agreed smoothly, the age and age of the defendant.