The punishment of the accused shall be determined by six months of imprisonment.

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

Punishment of the crime

The Defendant is a person who, from June 2006, operates a clothing store in Gangnam-gu Seoul Metropolitan Government as “D” in Gangnam-gu.

The defendant had been unable to operate the above clothing store while making money transactions with the victim because he knew with the victim E that the purchase of overseas prestigious clothing did not play a rare role, borrowed the money purchase cost, etc., with the victim's intention to borrow the operating expenses of the clothing store by making false statements to the victim.

The Defendant, around May 12, 2014, leased KRW 50 million to the victim of the “D” clothes store, as the husband has attached the building of the hospital, but there is a shortage in cash to meet the construction cost. On the other hand, the Defendant would complete the building of the hospital and complete the construction of the hospital to fully repay all the borrowed money.

“A false representation was made.”

However, in fact, it was thought that it was used as operating expenses for the clothing store with money from the injured party, and there was no thought that it was appropriated as the expenses for the construction of the her husband's building. At the time, it was difficult to operate the store because the sales of the clothing store was sharply decreased and the sales rent was overdue, so even if it was borrowed money from the injured party,

The Defendant, by deceiving the victim as such, received KRW 30 million in cash from the victim, and received KRW 10 million in cash from the Defendant’s husband F to the single bank account in the name of the Defendant’s husband, and received KRW 10 million in total from G, the victim’s seat, to the one bank account in the said name of the said F, and received KRW 50 million in transfer from G, the victim’s seat to the one bank account in the said name of the said F.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to each investigation report (the submission of proof, etc. of standards for imposition of value-added tax, statement of complainants related to the method of payment of KRW 50 million shall be confirmed);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment recommended on the sentencing criteria [the types of fraudulent crimes] shall be determined;