A defendant shall be punished by imprisonment for not less than five 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

On February 2, 2010, the Defendant made a false statement to the victim C by phoneing the victim C at the Namyang-si, Gyeonggi-do, stating, “The interest is required to be paid in two copies per month, and the amount of liability is changed by lending KRW 20 million to the victim.”

However, in fact, the defendant was liable to pay the amount equivalent to KRW 80 million at the time, and the defendant's revenue or property is difficult to pay interest on other debts because it is difficult to pay interest on the above debt, and there was no intention or ability to pay the borrowed amount to the victim.

As above, the Defendant, by deceiving the victim, received KRW 10 million from the victim on February 2, 2010, and KRW 7 million on February 17, 2010 from the victim, respectively, to the Defendant’s agricultural bank account respectively, and by deceiving the victim on three occasions in total as shown in the separate crime list between February 9, 2012 and then acquired it by deceiving the victim on three occasions, as shown in the separate crime list.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of the police protocol law to C

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 (1) of the Election of Imprisonment or Imprisonment;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (the crime in this case is a fraud of borrowed money in excess of the ability and intention to repay, and the degree of deception or the degree of fraud is not limited; the defendant repaid the amount of KRW 10860,000 on the second day of a month to the victim; the defendant deposited the amount of KRW 10 million on the second day of a month and deposited the amount of KRW 10 million on the part of the victim to recover damage; and other favorable circumstances such as the fact that there is no other criminal record other than

1. Social service order under Article 62-2 of the Criminal Act;