A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On September 3, 2012, the Defendant made a false statement to the victim E, stating that “The Defendant has sufficient ability to repay the loan to operate the business immediately if the expenses are required.” However, the Defendant was unable to properly pay interest equivalent to KRW 30 million on bank and individual debt, and the Defendant did not have any intent or ability to repay the loan, on the grounds that there was no special revenue.

As above, the Defendant, by deceiving the victim, received KRW 10 million from the victim to the bank account under the name of the defendant on the same day and acquired it by fraud.

2. On December 10, 2012, the Defendant made a false statement to the victim that “If a sample truck to be used for a food truck business is leased KRW 15 million to the victim for the purchase of the vehicle, the first day shall be the first day of the day, and the payment shall be made.” However, the Defendant did not have an intention or ability to repay the borrowed money as a food truck business because it did not have any specific business plan, even though the Defendant failed to secure the place to conduct a food truck business and there was no specific business plan.

As above, the Defendant, by deceiving the victim, received KRW 15 million from the victim to the bank account under the name of the defendant on the same day and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A complaint;

1. Each specification of transactions;

1. A written agreement;

1. Application of Acts and subordinate statutes on account transactions;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, 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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment] The defendant is the victim, who has no basic area (6-100 million won or less) (6-1 year or more) (6-6 months) of the basic area (6-1 year or more) (the decision of sentencing] of Article 62(1) of the Criminal Act.