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

The defendant is between the victim B and the victim.

1. On October 2015, the Defendant: (a) stated on October 31, 2015, that “the Defendant borrowed 7 million won as a security deposit is insufficient to operate the catat in the Cheongju Mart; and (b) at the instant coffee shop in Seo-gu Daejeon, Seo-gu, Daejeon.”

However, the facts did not have a plan to open the defendant's store, and the defendant thought that he would use the money received from the victim for personal purposes such as living expenses.

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

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

2. From August 29, 2017 to August 29, 2017, the Defendant, at a place where it is difficult to know on August 29, 2017, told the victim to take a phone and to secure shares by making an investment in the E branch where he/she works in Korea. He/she borrowed KRW 30 million necessary for the investment. On the other hand, he/she would have repaid the proceeds from the said investment up to the time when he/she was on the middle of January 2018.

However, the defendant did not think that he would use the money received from the victim for personal purposes, such as living expenses, and did not have an intent to invest in the above E-State store, and there was no other intention or ability to pay the money normally because he did not have any property.

The defendant shall belong to the defendant five million won on the same day from the victim, and the same year.

9.9.25 million won was remitted to a Cbank account in the name of the criminal defendant as a loan.

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

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes to a complaint and a criminal investigation report;

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

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

1. Article 62(1) of the Criminal Act: