A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Punishment of the crime

The Defendant, even if he borrowed money from the victim B, did not intend to make a profit by re-investment to the beneficiary, but intended to pay his card price settlement or living expenses, etc., and if he had given a proper notice of difficult money to the victim while operating the windowping point, the Defendant could sufficiently expect that the victim would not have borrowed the money. Notwithstanding the absence of the intent or ability to pay the money when he received money from the victim B without any particular property or income at the time, the Defendant did not have any intent or ability to pay it.

1. From the windowping point of the victim B’s operation in Seo-gu, Seo-gu, Seo-gu, Gwangju, on September 15, 2019, the victim made a false statement to the effect that “I will borrow money from the land owner to make a flower farm and receive interest. I will lend money again to B as the land owner requires additional operational funds, I will be responsible for the payment of money, and I will pay 30 million won monthly interest, and the principal will also be repaid without the identity of the land owner after 2 years from the victim on the 15th day of the same month.”

2. Around August 6, 2018, at the same place, the victim B made a false statement to the victim B, stating that “I would make a loan to a third party, but I would have to make a full payment without molding for one year, together with the amount of KRW 40 million that I lent to B before he/she borrowed to him/her,” and that he/she received a remittance from the victim to the above national bank account of the Defendant on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Part concerning the statement B in the police interrogation protocol of the accused;

1. Protocol of the police statement concerning B;

1. A complaint;

1. Application of Acts and subordinate statutes on remittance or receipt of loans;

1. The relevant Article of the Criminal Act and the selection of punishment for the crime shall be punished by imprisonment with prison labor under Article 347 (1) of the Criminal Act;